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ARMY | DRB | CY2009 | AR20090009885
Original file (AR20090009885.txt) Auto-classification: Denied
Applicant Name:  ?????

Application Receipt Date: 2009/06/01	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The appicant states:  "He was given a less than honorable discharge due to a weight issue.  He did not receive any disciplinary actions and he doesn't have any of his records showing a weight issue.  The paperwork got mixed up because his unit was sent to Guatemala."

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: 050728   Chapter: NIF    AR: 135-178
Reason: NIF	   RE:     SPD: NIF   Unit/Location: 88th RRC, Fort Snelling, MN 

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:  19
Current ENL Date: 000323    Current ENL Term: 8 Years  ?????
Current ENL Service: 	05 Yrs, 04Mos, 06Days ?????
Total Service:  		05 Yrs, 04Mos, 06Days ?????
Previous Discharges: 	IADT 000412-000825/UNC
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 92Y10/Unit Supply Spc   GT: 96   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: ASR

V.  Post-Discharge Activity
City, State:  Lebanon, OH
Post Service Accomplishments: The applicant rejoined the ARNG with a waiver on 29 May 2007 and achieved the rank of SPC/E-4.  The record shows an NGB 22 for service between 070529-080430 with an honorable characterization of service.

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 28 June 2005, DA HQS, 88th Regional Readiness Command, Fort Snelling, MN, Orders number 05-179-00035, discharged the applicant from the Army Reserve, effective 28 July 2005, 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 28 July 2005, 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'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, 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: 19 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 0    No change 5
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 AR20090009885
______________________________________________________________________________


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