Applicant Name: ?????
Application Receipt Date: 2009/06/19 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 149 and attached documents 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: 090130 Chapter: 13 AR: 135-178
Reason: Unsatisfactory Participation RE: SPD: NA Unit/Location: 302nd Engr Co, San Antonio, TX
Time Lost: Applicant states that he stopped attending drill due to his PTSD issues.
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: UKN
Current ENL Date: NIF Current ENL Term: NIF Years ?????
Current ENL Service: NIF Yrs, ??Mos, ??Days ?????
Total Service: NIF Yrs, ??Mos, ??Days ?????
Previous Discharges: USARCG 900414-950131
ADT 870415-900413
USAR 870225-870414/NA
Highest Grade: E-7 Performance Ratings Available: Yes No
MOS: 12B20/Combat Engineer GT: NIF EDU: GED Overseas: El Salvador Combat: Location and Dates NIF
Decorations/Awards: ASR, AGCM, ARCAM (2), ARCOTR, CAB
V. Post-Discharge Activity
City, State: ?????
Post Service Accomplishments: None listed by the applicant.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The specific facts and circumstances pertaining to the applicants discharge from the United States Army Reserve are not contained in the available records. However, the record shows that on 6 January 2009, Headquarters, 416th Theater Engineer Command, 108100 S. Frontage Rd, Darien, IL, Orders 09-006-00022, discharged the applicant from the United States Army Reserve, effective date: 30 January 2009, with a characterization of service of under other than honorable conditions.
b. Legal Basis for Separation:
Army Regulation 135-178 provides for the separation of members of the Army National Guard and Army Reserve when it is determined that a service member is unqualified for further military service by reason of unsatisfactory performance. The service of a member separated under this provision of Army Regulation 135-178 will be characterized as honorable or under honorable conditions as warranted by his or her military record.
c. Response to Issues, Recommendation and Rationale:
After a careful review of all the applicants available military records during the period of enlistment under review and the issues 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, on 6 January 2009, Headquarters, 416th Theater Engineer Command, 108100 S. Frontage Rd, Darien, IL, Orders 09-006-00022, discharged the applicant from the United States Army Reserve, effective date: 30 January 2009, with a characterization of service of under other than honorable conditions. This document identifies the characterization of the discharge and the analyst presumed Government regularity in the discharge process. 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 the applicants issue that he was diagnosed with possible symptoms of Post Traumatic Stress Disorder; however, the available record does not support the issue that the applicant suffers from Post Traumatic Stress Disorder and no evidence to support it has been submitted by the applicant, that the discharge was the result of any medical condition. Additionally, the analyst determined that the applicants Official Military Personnel File (OMPF) does not contain the specific documents that would indicate the reason for his separation from the United States Army Reserve. If the applicant desires to appear before a personal appearance Board, 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 Boards consideration. In view of the foregoing, the analyst determined that 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: 6 January 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 1 No change 4
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 AR20090011290
______________________________________________________________________________
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