Applicant Name:  ?????

Application Receipt Date: 2009/09/15	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 and attached documents 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: 080721
Discharge Received: 			   Date: 090226   Chapter: 13      AR: 135-178
Reason: Unsatisfactory Participation	   RE:     SPD: NA   Unit/Location: 802d OD Co, Med Lift  Plt, Forest Park, GA 

Time Lost: NIF

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:  35
Current ENL Date: 070930    Current ENL Term: 03 Years  ?????
Current ENL Service: 	01 Yrs, 04Mos, 25Days ?????
Total Service:  		16 Yrs, 04Mos, 23Days ?????
Previous Discharges: 	RA-921002-070929/HD
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 89B10/Ammunition Specialist   GT: 95   EDU: HS Grad   Overseas: Germany, Southwest Asia, Bosnia, Kosovo   Combat: Iraq (030416-040415) and (050721-060920)
Decorations/Awards: ARCOM, AAM-6, AGCM-3, NDSM-2, AFEM, GWOTEM, KCM (w/bss), GWOTSM, KDSM, AFSM, ICM, NCOPDR, ASR, OSR-3

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

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 12 April 2005, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 13, AR 135-178, by reason of unsatisfactory participation for having failed to attend at least nine Army Reserve training assemblies within a one year period and failure to provide a valid excuse for his absence, with a general, under honorable conditions discharge.  
       
       He was advised of his rights.  A signed copy of the applicant's election of rights is not contained in the available record and the analyst presumed government regularity in the discharge process.  The applicant did not respond within 45 days to the commander's letter in reference to his involuntary separation actions and this waives his rights to an administrative separation hearing.  The unit commander subsequently recommended separation from the Army Reserve and waiver of further rehabilitative efforts.  The separation authority reviewed the administrative separation action and directed that the applicant be discharged with an under other than honorable conditions discharge.

       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 military records during the period of enlistment under review, the documents, and the issues submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  
       
       There was a full consideration of all faithful and honorable service as well as the incidents of unsatisfactory performance.  The analyst determined that the applicant’s discharge was appropriate because the quality of the service was not consistent with the Army’s standards for acceptable personal conduct and performance of duty by military personnel.  By the unsatisfactory participation, the applicant diminished the quality of service below that meriting a general, under honorable conditions discharge.  
       
       The analyst noted the applicant's issues and acknowledges the documents submitted with the application, however; the analyst 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 analyst found no evidence of arbitrary or capricious actions by the command.  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.
       
       Additionally, 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.
       
       In view of the foregoing , 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: 31 March 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: Rating Decision and supporting documents totaling 18 pages. 

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
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090016163
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