Applicant Name: ?????
Application Receipt Date: 2009/05/22 Prior Review: Prior Review Date: 081222, Deny 3/2
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 submitted by the applicant.
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: 050716 Chapter: NIF AR: 135-178
Reason: NIF RE: SPD: NIF Unit/Location: 81st RRC (TTHS Account), Birminghan, AL
Time Lost: NIF
Article 15s (Charges/Dates/Punishment): NIF
Courts-Martial (Charges/Dates/Punishment): NIF
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 24
Current ENL Date: 990326 Current ENL Term: 8 Years ?????
Current ENL Service: 2 Yrs, 01Mos, 20Days ?????
Total Service: 4 Yrs, 01Mos, 20Days ?????
Previous Discharges: IADT 990922-000420/NIF
RA 021208-030615/HD
Highest Grade: E5 Performance Ratings Available: Yes No
MOS: 91S Preventive Medical Spc GT: NIF EDU: HS Grad Overseas: NIF Combat: Iraq (021123-030522)
Decorations/Awards: ARCOM, NDSM, GWOTEM, AFRMw/M Device, GTOWSM, ARCAM, ASR
V. Post-Discharge Activity
City, State: Jupiter, FL
Post Service Accomplishments: None provided
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence shows the applicants record is void of the specific facts and circumstances concerning the events that led to his discharge from the United States Army Reserve. The record indicates that on 16 June 2005, Department of the Army, Headquarters, 81st Regional Readiness Command, Birmingham, AL 35209, Orders 05-167-00009, discharged the applicant from the United States Army Reserve, effective 16 July 2005, with an under honorable conditions (general) discharge. The authority paragraph of the said order cites AR 135-178.
b. Legal Basis for Separation:
Army Regulation 135-178 sets forth the basic authority for the separation of enlisted personnel of the U.S. Army Reserve.
c. Response to Issues, Recommendation and Rationale:
After a careful review of all the applicants available records for the period of enlistment under review, and the issue he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.
The facts and circumstances pertaining to the applicants discharge are not contained in the available records. On 16 June 2005, Department of the Army, Headquarters, 81st Regional Readiness Command, Birmingham, AL 35209, Orders 05-167-00009, discharged the applicant from the United States Army Reserve, effective 16 July 2005, with a general, under honorable conditions discharge.
The applicant's contentions were carefully considered. However, the analyst is unable to determine whether his contentions have merit because the facts and circumstances leading to the discharge are unknown. The burden of proof remains with the former Soldier 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. If the applicant desires a personal appearance hearing, it will still be his responsibility to meet the burden of proof since the evidence is not available in the official record.
Therefore, the analyst determined that the reason for discharge and the characterization of service remains both proper and equitable and recommends to the Board to deny relief.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 23 April 2010 Location: Washington, DC
Did the Applicant Testify? Yes No
Counsel: None
Witnesses/Observers: None
Exhibits Submitted: None
VIII. Board Discussion, Determination, and Recommendation
After carefully examining the applicants record of service during the period of enlistment under review, hearing his testimony and considering the analysts recommendation and rationale, the Board determined that the characterization of service was too harsh based on the applicants length and quality of his service to include his combat service and as a result, it is inequitable. Accordingly, the Board voted to grant relief by changing the characterization of service to fully honorable. The Board determined that the reason for discharge was both proper and equitable and voted not to change it.
IX. Board Decision
XI. Certification Signature
Board Vote: Approval Authority:
Character - Change 3 No change 2
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: No Change
Other: NA
RE Code:
Grade Restoration: No Yes Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20090009146
______________________________________________________________________________
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