Applicant Name:  ?????

Application Receipt Date: 2009/06/23	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant requests an upgrade of his discharge to fully honorable.  Aslo he desires to serve in the military again.  He contends that former Soldiers can sign a contract to enter the military in lieu of completing their civilan sentence adjudged in a court of law. 

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: 	NIF   Date: NIF
Discharge Received: 			   Date: 070515   Chapter: NIF      AR: 135-178
Reason: NIF	   RE:     SPD: NA   Unit/Location: 1181st TC TML, Trans Term Unit, Meridian, MS 

Time Lost: NIF

Article 15s (Charges/Dates/Punishment): NIF

Courts-Martial (Charges/Dates/Punishment): NIF

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: 040514    Current ENL Term: 8 Years  ?????
Current ENL Service: 	03 Yrs, 00Mos, 02Days ?????
Total Service:  		03 Yrs, 00Mos, 02Days The analyst utilized the applicant's enlistment contract and separation orders for computing the period of enlistment under review and the total service.
Previous Discharges: 	NIF
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 42F10 Human Resources Information Systems Management Spec    GT: NIF   EDU: HS Grad   Overseas: NIF   Combat: NIF
Decorations/Awards: NIF

V.  Post-Discharge Activity
City, State:  Woodville, MS 
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The specific facts and circumstances leading to the applicant's discharge from the United States Army Reserve are not contained in the available records.  On 15 May 2007, DA, HQS, 81st Regional Readiness Command, Birmingham, AL, Orders 07-135-00048, discharged the applicant from the United States Army Reserve, effective date:  15 May 2007, with a general, under honorable conditions discharge. 

       b.  Legal Basis for Separation:
       Army Regulation 135-178 (Separation of Enlisted Personnel) provides for the separation of enlisted personnel of the Army Reserve.  Army policy states that the characterization of service will normally be under other than honorable conditions.  The regulation also permitted the characterization of service as general, under honorable conditions.  

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s available military records during the period of enlistment under review, the issues and documents submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  All the facts and circumstances pertaining to the applicant’s discharge from the United States Army Reserve are not contained in the available records.
        
        On 15 May 2007, DA, HQS, 81st Regional Readiness Command, Birmingham, AL, Orders 07-135-00048, discharged the applicant from the United States Army Reserve, effective date:  15 May 2007, with a general, under honorable conditions discharge.  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. 
       
       The analyst noted the applicant's issue expressing his desire to serve in the military again; however, if the applicant desires to reenlist, he should contact the local recruiter to determine his eligibility to reenlist.  Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes.
       
       Further, in regards to his issue of former Soldiers signing a contract to enter the military in lieu of completing their civilian sentence.  The U.S. Army does not have, nor has it ever had, a policy to that allows former  Soldiers to enter the military in lieu of completing their civilian sentences adjudged in a court of law.
       
       The analyst determined that the applicant’s 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.  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 Board’s consideration.
       
       Therefore, 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: 30 April 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: The applicant submitted a Self-Authored Statement; and Discharge Orders Number 07-135-0048, dated (070515). 

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: No Change
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: None




































Legend:
AWOL    	Absent Without Leave		GCM   General Court Martial	NA   Not applicable			SCM	Summary Court Martial
BCD   	Bad Conduct Discharge	GD      General Discharge	NIF   Not in the file			SPCM	Special Court Martial
CG 	Company Grade Article 15	HD      Honorable Discharge	OAD   Ordered to Active Duty		UNC	Uncharacterized Discharge  
DD 	Dishonorable Discharge	HS       High School Graduate	OMPF   Official Military Personnel File	UOTH  	Under Other Than Honorable 
FG	Field Grade Article 15		IADT   Initial Active Duty Training	RE     Reentry Code				Conditions 

ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090011597
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