Applicant Name:  ?????

Application Receipt Date: 2009/05/28	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states:  "I was reinstated from IRR to active reserve in October of 2005. I requested from my unit in Virginia Beach to be transfered to a unit in Northern California. I was told that the transfer would be done but until that time I would have to fly back to Virginia for battle assembly. Shortly after my move to South Lake Tahoe, CA I came under a financial crisis that made the travel back to the east coast impossible. I notified my command of my inability to travel and was told that it would not be a problem. I was notified the next month that I was being discharged and that there was nothing that I could do about it because I would not be able to make a "good year". My command did not follow through on their promise to change my duty location, locking me into an inablility to serve. In light that I am now back in the reserves, serving my country with pride and honor, it is safe to say that my characterization should be changed. I served honorably and in good faith and respectfully request that my dischage be changed from General-Under honorable Conditions to an Honorable discharge."

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: Not In File (NIF)
Discharge Received: 			   Date: 071116   Chapter: NIF    AR: 135-178
Reason: NIF	   RE:     SPD: NIF   Unit/Location: A Co, 1-318 IN Rgt, Fort Story, VA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): None

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  24
Current ENL Date: 060929    Current ENL Term: 6 Years  ?????
Current ENL Service: 	01 Yrs, 01Mos, 18Days ?????
Total Service:  		08 Yrs, 03Mos, 17Days ?????
Previous Discharges: 	USN 990729-030728/HD
                                       ARNG 030729-050620/HD
                                       OAD 031218-050209/HD
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 21B10/Combat Engr   GT: 115   EDU: HS Grad   Overseas: SWA   Combat: Iraq (040301-050209)
Decorations/Awards: ARCOM, NAVY Unit Commendation, NGCM, NDSM, AFEM, GWOTEM, GWOTSM, AFRM, ASR, SSDR

V.  Post-Discharge Activity
City, State:  Jacksonville, FL
Post Service Accomplishments: The applicant rejoined the USAR on 10 April 2008 for 6 years, earned an HD for the period of 080422-090304 for IADT.


VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence shows the applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army Reserve. On 17 October 2007, DA HQS, 95th Division, Oklahoma City, OK, Orders number 07-29000013, discharged the applicant from the Army Reserve, effective 16 November 2007, with a general, under honorable conditions discharge.  The record contains a properly constituted Order which indicates that the applicant was discharged under the provisions of AR 135-178.

       b.  Legal Basis for Separation:  
       Army Regulation 135-178 governs procedures for the separation of members of the Army Reserve when it is determined that a service member is unqualified for further military service by any of the reasons specified in the regulation.  

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s available military records for the period of enlistment under review, the issue and documents he 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 his discharge from the United States Army Reserve.  However, the record does contain a properly constituted Order,  which indicates that the applicant was discharged effective 16 November 2007, with a general under honorable conditions characterization of service.  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.  
       
       The Applicant contends that he has rejoined the U.S. Army Reserve and that his discharge should be changed to honorable because he is once again serving his country.  The Army Discharge Review Board is authorized to consider post-service factors in the recharacterization of a discharge.  However, there is no law or regulation, which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct subsequent to leaving the service.  Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review, is considered during Board proceedings.  The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member’s overall character.
       
       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 his discharge on 16 November 2007, are unknown.  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.  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, based on the available evidence, the analyst presumes government regularity in the discharge process and concludes that it appears that the characterization of service was proper and equitable and recommends to the Board to deny relief.
       
       
       
       
       
       
       
       
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 26 March 2010         Location: Washington, D.C.

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 AR20090009200
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