Applicant Name:  ?????

Application Receipt Date: 2009/05/01	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant submitted no issues of equity or propriety to be considered by the Board.

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   NA

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: NIF
Discharge Received: 			   Date: 020626   Chapter: 6-3b       AR: 635-200
Reason: Hardship	   RE:     SPD: KDB   Unit/Location: HHT, 3/229th Avn Atk Hel, Fort Bragg, NC 

Time Lost: None

Article 15s (Charges/Dates/Punishment): NIF

Courts-Martial (Charges/Dates/Punishment): NIF

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  36
Current ENL Date: 980618    Current ENL Term: 03 Years  ?????
Current ENL Service: 	04 Yrs, 00Mos, 09Days ?????
Total Service:  		12 Yrs, 09Mos, 20Days The applicant's DD Form 214 under review makes reference to the applicant having 8 yrs, 05 mons, and 12 days of Total Prior Active Service, however, documents to support this were not found in the available records, further it appears that the applicant has a break in service and reentered the service (951031).
Previous Discharges: 	 USAR-820225-820401/NA
                                        ADT-820402-820925/HD
                                        USAR-820926-880419/NA
                                        USAR-951031-960212/NA
                                        RA-960213-980617/HD
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 77F10/Petroleum Supply Specialist   GT: 104   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: AAM, AGCM-2, NDSM, ASR

V.  Post-Discharge Activity
City, State:  Scott AFB, ILL
Post Service Accomplishments: None Listed








VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The applicant’s record is void of the specific facts and circumstances concerning the events that led to a discharge from the Army.  However, the record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature.  The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 6, paragraph 6-3b, AR 635-200, by reason of hardship, with a characterization of service of general, under honorable conditions.  Furthermore, the DD Form 214 shows a Separation Code of KDB (i.e., hardship), with a reentry eligibility (RE) code of "3."  Further evidence shows that on 26 April 2002, DA, XVIII Airborne Corps and Fort Bragg, Fort Bragg, NC, Orders 116-0279, discharged the applicant from the Regular Army, effective date:  26 June 2002.

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel.  Paragraph 6-3b provides for the separation of Soldiers because of genuine hardship.  Genuine hardship, for the purpose of separation under this paragraph, is defined as circumstances not involving death or disability for a member of the Soldier’s (or spouse’s) immediate family; and separation from the Service will materially affect the care or support of the family by alleviating undue and genuine hardship.

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s available military records during the period of enlistment under review and the issues she submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  The applicant's record is void of the specific facts and circumstances concerning the events that led to the discharge from the Army.  However, the applicant’s record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature.  This document identifies the reason and characterization of the discharge and the analyst presumed government regularity in the discharge process.  The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 6, paragraph 6-3b, AR 635-200, by reason of hardship, with a characterization of service of general, under honorable conditions.  Barring evidence to the contrary, the analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  
       
       Furthermore, the analyst noted that the applicant did not submit any issues of equity or propriety on her DD Form 293 to be considered by the Board.  
       
       The analyst determined that the applicant’s Official Military Personnel File (OMPF) does not contain all the specific documents that would indicate the reason for the separation action from the United States Army.  If the applicant desires to appear before a personal appearance Board, the burden of proof remains with the applicant to provide the appropriate documents or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board’s consideration.
       
       In view of the foregoing, the analyst determined the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 5 February 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review and considering the analyst’s recommendation and rationale, the Board determined that the discharge was both proper and equitable, and voted to deny relief.
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 2    No change 3
Reason -     Change 0    No change 5
(Board member names available upon request)
								         EDGAR J. YANGER			 
								         Colonel, U.S. Army
X.  Board Action Directed					         President, Army Discharge Review Board
Issue a new DD Form 214  					
Change Characterization to: 			         
Change Reason to: NA
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090008803
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