Applicant Name:  ?????

Application Receipt Date: 2010/02/25	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states in effect that she desires to serve her country again by reenlisting in the US Army.

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: 070909   Chapter: NIF       AR: 135-178
Reason: NIF	   RE:     SPD: NIF   Unit/Location: 475th Eng Co, Horizontal Cons, Ponce, PR 

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:  18
Current ENL Date: 040816    Current ENL Term: 08 Years  ?????
Current ENL Service: 	02 Yrs, 11Mos, 20Days ?????
Total Service:  		02 Yrs, 11Mos, 20Days ?????
Previous Discharges: 	ADT-040920-050321/UNC
Highest Grade: E3		Performance Ratings Available: Yes    No 
MOS: 92A10/Automated Logistical Specialist   GT: NIF   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR

V.  Post-Discharge Activity
City, State:  Kissimmee, FL
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.  However, on 18 September 2007, DA, HQ, 65th US Army Regional Readiness Command, Fort Buchanan, PR, Orders 07-261-00007, discharged the applicant from the United States Army Reserve, effective date: 9 September 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.  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 during the period of enlistment under review and the issues she submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  
       
       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.  However, on 18 September 2007, DA, HQ, 65th US Army Regional Readiness Command, Fort Buchanan, PR, Orders 07-261-00007, discharged the applicant from the United States Army Reserve, effective date: 9 September 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 applicant's contentions were carefully considered.  However, the analyst is unable to determine whether these 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.  
       
       Therefore, based on the available evidence, the analyst presumes government regularity in the discharge process and concludes that it appears 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 November 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, Self-authored letter, Letter, dated 2 February 2010, Discharge order, dated 18 September 2007, Order, dated 16 August 2004, Individual Training Record (2 pages), Certification of Birth, Copy of ID Card, Course Completion Certificate, and DD Form 214 for the period of service under review.

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 AR20100009450
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