Applicant Name:  ?????

Application Receipt Date: 2010/03/24	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states:  "During my time spent in the Army, my record had no marks of negative impact.   I rose through the ranks in with no problems.  My attendance was perfect.  I answered the call to service in Iraq and spent one year deployed there; while there my service remained unmarked: While there we lost one guy (Sgt W) about a month before redeployment-home; I like any other Soldier acted and thought I was fine.  That was until l had to return to drill at my home unit.  I went once or twice and couldn’t handle it, I couldn't handle being uniform or being around –others in uniform. So I just stopped going. I realized with the help of family that I needed to see a doctor.  I started taking medication to help with PTSD.  Went through VA for disability and was granted 30% for PTSD.  Now I am at 50% for PTSD with a total 60%.  I spoke with SFC H who agreed to put me in IRR.  From there l believed that I was OK and could continue to try to heal.  That was until I received my under honorable condition discharge. I believe that under my medical circumstances and being no good to the service anymore, I should have received an honorable discharge."

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: 080603   Chapter: 13    AR: 135-178
Reason: Unsatisfactory Participation	   RE:     SPD: NA   Unit/Location: 729th TC Co, Fresno, CA 

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:  21
Current ENL Date: 030228    Current ENL Term: 8 Years  ?????
Current ENL Service: 	05 Yrs, 03Mos, 05Days ?????
Total Service:  		05 Yrs, 03Mos, 05Days ?????
Previous Discharges: 	OAD 040928-060103/HD (Concurrent Service)
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 88M20/Motor Transp Opr   GT: NIF   EDU: HS Grad   Overseas: SWA   Combat: Kuwait/Iraq (041223-051128)
Decorations/Awards: ARCOM-2, AGCM, NDSM, GWOTSM, ICM, AFRM, ASR, OSR, 

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 shows the applicant’s record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army Reserve.  
       The record indicates that on 5 May 2008, DA HQS, 313th Sustainement Command, Los Angeles, CA, Orders number 08-126-00012, discharged the applicant from the Army Reserve, effective 3 June 2008, with a general, under honorable conditions discharge.  
       
       The record contains a properly constituted Order which indicates the applicant was discharged under the provisions of Chapter 13, AR 135-178, by reason of unsatisfactory participation, with a characterization of service of general, under 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 and documents submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the applicant's discharge.  
       
       On 5 May 2008, DA HQS, 313th Sustainement Command, Los Angeles, CA, Orders number 08-126-00012, discharged the applicant from the Army Reserve, effective 3 June 2008, with a general, under 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. 
       
       The applicant contends that he stopped drilling because he could not handle it anymore.  After his service in Iraq he could not stand being around people in uniform so he stopped going to scheduled drills.  He was diagnosed with PTSD and granted a 50 percent disability rating.  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.
       
       Further, the analyst acknowledges the applicant’s in-service accomplishments and considered the quality of his service during his active duty service in Iraq.  However, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of his discharge from the USAR.  
       
       Therefore, based on the available evidence, the analyst presumes government regularity in the discharge process and concludes that it appears 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: 3 December 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 214.

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 AR20100011383
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