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ARMY | DRB | CY2010 | AR20100009703
Original file (AR20100009703.txt) Auto-classification: Denied
Applicant Name:  ?????

Application Receipt Date: 2010/03/02	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states: "My discharge is improper due to unreported medical information that effected my service and contract obligation.  PTSD, Major Depression, Suicidal thoughts, Mental Health issues due to deployment (Enduring Freedom 2003-2004).  Issues that effected judgement and the ability to carry out my Soldier duties.  I am requesting that my status be change to Honorable due to the following information.  My continued and outstanding service from June 8, 2001 through January 1, 2008, My record reflecting my achievements and accomplishments, and My Medical files that was not included in my Army Medical Record contained by the Unit."

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: 090501   Chapter: NIF      AR: 135-178
Reason: NIF	   RE:     SPD: NA   Unit/Location: 919th MC Det, Dental Service, Aurora, CO 

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:  24
Current ENL Date: 010608    Current ENL Term: 08 Years  ?????
Current ENL Service: 	07 Yrs, 10Mos, 23Days ?????
Total Service:  		07 Yrs, 10Mos, 23Days ?????
Previous Discharges: 	ADT-010828-020228/HD
                                       OAD-030224-040503/HD
                                        (Concurrent Service)
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 92A10/Logistics Automation Specialist   GT: NIF   EDU: 15 yrs   Overseas: Southwest Asia   Combat: Kuwait (030517-030713), Iraq (030714-040401)
Decorations/Awards: ARCOM, AGCM, CAB, NDSM, GWOTEM, ASR, OSR-2, AFRM

V.  Post-Discharge Activity
City, State:  ?????
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 2 April 2009, DA, HQ, 807th Medical Deployment Support Command, Salt Lake City, UT, Orders 09-092-00004, discharged the applicant from the United States Army Reserve, effective date: 1 May 2009, with an under other than 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 and Army National Guard.

       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 he 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 2 April 2009, DA, HQ, 807th Medical Deployment Support Command, Salt Lake City, UT, Orders 09-092-00004, discharged the applicant from the United States Army Reserve, effective date: 1 May 2009, with an under other than 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 analyst noted the applicant's contentions that his discharge is improper due to unreported medical information that effected his service and contract obligations.  The analyst acknowledges the independent documents submitted with the application making reference to the applicant having been diagnosed with major depression, post traumatic stress disorder.  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.
       
       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: 7 January 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, Letter of Commendation, CAB Orders, The Good Conduct Medal Certificate and Orders, Discharge Orders, Active Duty Orders, Unit Transfer Orders, DD Form 214 (2), Medical Record Documents (78), DD Form 4/1 and 4/2, and DD Form 1966/1-1966/3.



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 1    No change 4
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 AR20100009703
______________________________________________________________________________


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