Applicant Name:  ?????

Application Receipt Date: 2009/07/14	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant requests an upgrade of her discharge to general, under honorable conditions in order to reenlist.

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: 040101   Chapter: NIF       AR: 135-178
Reason: NIF	   RE:     SPD: NIF   Unit/Location: 100th Division (IT), 4-399th (ROTC), Fort Knox, KY 

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:  26
Current ENL Date: 990723    Current ENL Term: 8 Years  ?????
Current ENL Service: 	04 Yrs, 05Mos, 09Days ?????
Total Service:  		04 Yrs, 04Mos, 09Days the analyst utilized the applicant's enlistment contract, DD Form 214, and separation orders for computing the period of enlistment under review and the total service.
Previous Discharges: 	ADT-000317-000419/HD
                                       USAR-000420-010626/NA
                                       USARCG-010627-010829/NA
                                       USAR-010830-020429/NA
                                       USARCG-020430-021019/NA
                                          (Concurrent Service)
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 91C10 Practical Nurse   GT: 120   EDU: 2 Years College   Overseas: NIF   Combat: NIF
Decorations/Awards: ASR

V.  Post-Discharge Activity
City, State:  Vine Grove, KY 
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The applicant’s record is void of the specific facts and circumstances concerning the events that led to a discharge from the United States Army Reserve.  On 13 January 2004, DA, HQS, 100th Division (IT), Louisville, KY, Orders 04-013-00001, discharged the applicant from the United States Army Reserve, effective date:  1 January 2004, with an uncharacterized 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 when it is determined that a service member is unqualified for further military service by reason of unsatisfactory participation.  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.  The service of a member who is separated while in an entry level status will be described as uncharacterized.  

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s available military records for the period of enlistment under review,  the issues and document 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 13 January 2004, DA, HQS, 100th Division (IT), Louisville, KY, Orders 04-013-00001, discharged the applicant from the United States Army Reserve, effective date:  1 January 2004, with an uncharacterized 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 applicant’s separation was initiated while she was in an entry-level status.  Further, for USAR Soldiers, entry-level status begins upon enlistment in the USAR, it terminates 180 days after beginning training.  

       A general discharge is not authorized under ELS conditions.  Further, an uncharacterized discharge simply means that the Soldier was in an entry-level status.  This is not an adverse separation action and denotes only that the individual had less than 180 days on active duty.  
       
       If the applicant desires to reenlist, she should contact the local recruiter to determine her 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.
       
       The analyst determined that the applicant’s 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 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: 19 May 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: The applicant submitted the following document: a Discharge Order, dated (040113).





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 AR20090012505
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