Applicant Name:  ?????

Application Receipt Date: 2009/07/13	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: (1)  Was a model soldier in his first enlistment, (2) Had family problems that precluded his return to active duty as ordered, (3) Was a college student at the time (4) Was issued a general discharge but later found it was an other than honorable conditions discharge.

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: 070321
Discharge Received: 			   Date: 070824   Chapter: 12-1c    AR: 135-178
Reason: Misconduct	   RE:     SPD: NIF   Unit/Location: USAR Control Group, St. Louis, MO 

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:  23
Current ENL Date: 040110    Current ENL Term: NIF Years  ?????
Current ENL Service: 	03 Yrs, 07Mos, 14Days ?????
Total Service:  		06 Yrs, 07Mos, 14Days ?????
Previous Discharges: 	RA 000110--040109/HD
                                       ARNG 050829-050830/UNC
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 96B20/Intelligence Analyst   GT: 124   EDU: HS Grad   Overseas: Korea   Combat: None
Decorations/Awards: ARCOM-2, AAM-2, NDSM, AGCM, NCOPDR, ASR, OSR

V.  Post-Discharge Activity
City, State:  Austin, TX
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 21 March 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 12, AR 135-178, by reason of misconduct for failure to comply with mobilization orders and report as ordered, with an under other than honorable conditions discharge.  The record also indicates the unit commander notified the applicant of his rights through certified mail (070418).  The applicant failed to respond within 30 days which constituted a waiver of his rights.  The unit commander subsequently recommended separation from the Army.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge.  On 20 August 2007, the separation authority directed the applicant be discharged with a characterization of service of under other than honorable conditions.  The applicant was to be reduced to the lowest enlisted rank.

       b.  Legal Basis for Separation:  
       Army Regulation 135-178 sets forth the basic authority for the separation of enlisted personnel from the United States Army Reserve.  Chapter 12 of this regulation establishes policy and prescribes procedures for separating members for misconduct.  Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, and convictions by civil authorities.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed.  Army policy states that an under other than honorable conditions discharge is normally considered appropriate, however, a general, under honorable conditions or an honorable discharge may be granted.   

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s military records, and the issue and documents submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  
       
       The analyst determined the applicant’s discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  By his failure to comply with the mobilization orders, the applicant diminished the quality of his service below that meriting a general, under honorable conditions or honorable discharge.  
       
       The evidence of record revealed that the applicant was discharged under the provisions of Chapter 12-1c, AR 135-178, for his failure to comply with mobilization orders dated 7 April 2005.  He submitted a request to delay his report date and was granted a 98-day delay.  The analyst also noted the unit attempted to contact the applicant on several occasions, without success.  The analyst was satisfied that all requirements of law and regulations were met and the rights of the applicant were fully protected throughout the separation process. 
       
       Issue (1) is rejected.  The analyst acknowledges the applicant's in service accomplishments as stated in his application.  However, the analyst did not find the said issue sufficiently mitigating to warrant an upgrade of the discharge under review.  
       
       Issue (2) is rejected.  The analyst noted the applicant’s issue as to his mother’s health condition and determined the applicant had many legitimate avenues through which to obtain assistance or relief, without committing the misconduct, which led to the separation action under review.  He provided no documentation to support this issue.
       
       Issue (3) is rejected.  The analyst noted the applicant's issue that he was a college student at the time and determined the applicant could've resolved this situation through other means.  There are many Soldiers who attend college that when called to serve their Country they do it without hesitation and return to college after their honorable service.   Further, the record shows the applicant's orders were amended six times to allow him the time he needed to get ready for his return to active duty status.  His initial report date was 30 May 2005 and after the sixth amendment the report date was to be 16 January 2006.  He failed to report as required.
       
       Issue (4) is rejected.  The applicant contends he was initially issued a general, under honorable conditions characterization of service; however, the record does not support his contention and he has not provided any documentation to corroborate it.   
       
       Therefore, the analyst determined that the reason for discharge and the characterization of service remains both proper and equitable and recommends to the Board to deny relief.
       
       
       
       
       
       
       
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 12 May 2010         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: Self-authored statement, congressional correspondence, contract with ARNG, NGB Form 22, DD Form 214, NCOERs, and discharge documents.  In all a total of 16 pages attached to DD Form 293.

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

















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 AR20090012447
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