Applicant Name: ?????
Application Receipt Date: 2009/06/30 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 149 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: 060701 Chapter: NIF AR: NIF
Reason: NIF RE: SPD: NIF Unit/Location: B Co, 980th Eng Bn, San Antonio, TX
Time Lost: None
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: 22
Current ENL Date: 010202 Current ENL Term: 8 Years ?????
Current ENL Service: 5 Yrs, 5Mos, 1Days ?????
Total Service: 5 Yrs, 5Mos, 1Days ?????
Previous Discharges: NIF
Highest Grade: PFC Performance Ratings Available: Yes No
MOS: NIF GT: NIF EDU: HS Grad Overseas: NIF Combat: NIF (040407-050206)
Decorations/Awards: CAB
V. Post-Discharge Activity
City, State: ?????
Post Service Accomplishments: None provided by applicant
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 2 June 2006, Department of the Army, Headquarters, 88th Regional Readiness Command, Fort Snelling, Minnesota 55111,Orders 06-153-00083, discharged the applicant from the United States Army Reserve, effective 1 July 2006, with a general under honorable conditions discharge.
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, and the issue submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicants discharge. The applicants record is void of the specific facts and circumstances concerning the events that led to the former Soldiers discharge from the Army. The applicants record does not contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty). The analyst determined that the applicants Official Military Personnel File (OMPF) does not contain all the specific documents that would indicate the reason for the separation action from the United States Army and the analyst presumed Government Regularity in the discharge process. Furthermore, the 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. 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. 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.Therefore, the analyst determined 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: 04 December 2009 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
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: ?????
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20090011438
______________________________________________________________________________
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