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. Soldiers 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 applicants 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 applicants 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 applicants 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 applicants record of service during the period of enlistment under review and considering the analysts 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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