Applicant Name:  ?????

Application Receipt Date: 2009/08/25	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "My request is that my discharge be changed and rank of E 4 be returned in order that I may reenlist as an active duty soldier. My desire is to return to active duty in an mos that is needed. Unfortunately I was relocated to another city while assigned to the reserve unit. My duties were as senior pastor in Bainbridge,ga. I take full responsibility in my handling of the situation. I did make contact with a SFC Whaler the unfortunate thing was our exchange was less than professional. He was rather abrasive and could care less it seems about my relocation. His use of profanity further frustrated me. Nevertheless, I was at that time without internet access and was not aware that I received messages from my unit informing me of action being taken and that I had a specific time frame to correct my unsat performance by not being present during scheduled drill. I just recently accessed my AKO and have printed up the only discharge paperwork my unit submitted via iperm. I initially learned of my discharge and reduction in rank while attempting to reenlist for active duty. I appeal to the board to allow me to return and prove myself as a qualified and trained soldier in the field of ammunition. I am a patriot and would not disappoint the country I am proud to serve. I am willing to serve in any capacity as a soldier."

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: 070927   Chapter: 13      AR: 135-178
Reason: Unsatisfactory Participation	   RE:     SPD: NA   Unit/Location: 1207 USAH (Backfill), Ft Benning, GA 

Time Lost: None

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:  NIF
Current ENL Date: NIF    Current ENL Term: NIF Years  ?????
Current ENL Service: 	NIF Yrs, ?????Mos, ?????Days ?????
Total Service:  		3 Yrs, 09Mos, 14Days ?????
Previous Discharges: 	ARNG/IADT 890216-890628/UNC
                                       USN 949010-940610/HD
                                       RA 941031-971030/HD
                                       USAR 971031-001219/HD
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 55D10 Ammunition Spec   GT: NIF   EDU: HS Grad   Overseas: NIF   Combat: NIF
Decorations/Awards: NDSM

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None submitted

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence shows the applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army Reserve.  The record indicates that on 27 September 2007, DA HQS, Army Reserve Mecical Command, 201 Grand Avenue, Pinellas Park, FL, Orders number 07-270-00018, discharged the applicant from the Army Reserve, effective 27 September 2007, with an under other than honorable conditions discharge.  The record contains a properly constituted Order which indicates the applicant was discharged under the provisions of paragraph 13-1, AR 135-178, by reason of unsatisfactory participation, with a characterization of service of under other than honorable conditions.   

       b.  Legal Basis for Separation:  
       Army Regulation 135-178 governs procedures covering enlisted personnel management of the Army Reserve.  Chapter 8 of NGR 600-200 covers, in pertinent part, reasons for discharge and separation of enlisted personnel from the USAR.  Paragraph 13-1 of that regulation provides in pertinent part that individuals can be separated for being an unsatisfactory participant.   Army Regulation 135-91 states that a member is an unsatisfactory participant when nine or more unexcused absences from scheduled drills occur during a 1 year period.  Army policy states that an under other than honorable conditions discharge is normally considered appropriate, however, a general discharge 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 available records for the period of enlistment under review, and the issue submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  On 27 September 2007, DA HQS, Army Reserve Mecical Command, 201 Grand Avenue, Pinellas Park, FL, Orders number 07-270-00018, discharged the applicant from the Army Reserve, effective 27 September 2007, with an under other than honorable conditions discharge.  All the facts and circumstances pertaining to the applicant’s discharge are not contained in the available records and the analyst presumed government regularity in the discharge process.  
       Furthermore, the analyst noted the applicant’s issue concerning the unprofessional exchange he had with an NCO about his relocation and determined that 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.
       Further, the Army Discharge Review Board is not empowered to restore former service member's grade, rate or rank.  The Board may only change the characterization or reason for discharge.  If an applicant believes there is an error or injustice in his discharge, he then may make an application to the Army Board for Correction of Military Records, utilizing a DD Form 149, which can be obtained on line or from veteran’s assistance offices.  
       The applicant's contentions were carefully considered.  However, the analyst is unable to determine whether his contentions have merit because the facts and circumstances leading to the discharge are unknown.  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.  If the applicant desires a personal appearance hearing, it will still be his responsibility to meet the burden of proof since the evidence is not available in the official record.
       Finally, if the applicant wants to rejoin, he should see a local recruiter to determne his eligibility to reenlist.  They ar required to process waivers for reentry if appropriate.
       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: 7 July 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: Separation Order (1 page)

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: 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 AR20090014593
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