Applicant Name:  ?????

Application Receipt Date: 2010/03/29	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant, states in effect, that he was discharged for missing drills but would now like to reenlist and can’t do it with an under other than honorable conditions 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: 	NIF       Date: NIF
Discharge Received: 			   Date: 060510   Chapter: 13    AR: 135-178
Reason: Unsatisfactory Participation	   RE: NIF  SPD: NA   Unit/Location: 40003 USAR GSU, Fort Hood, TX 

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:  28
Current ENL Date: 050602    Current ENL Term: 6 Years  ?????
Current ENL Service: 	00 Yrs, 11Mos, 08Days ?????
Total Service:  		09 Yrs, 06Mos, 01Days (Includes Inactive Service)
Previous Discharges: 	USAR 951209-960806/HD
                                       RA 960807-980821/HD
                                       RA 980822--010820/HD
                                       ARNG 010821-020808/GD (Period of service should be 010821-020505)
                                       RA 020506-050601/HD (DD 214 incorrectly shows periof of service 020506-050615)
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 21B10/Combat Engineer   GT: 100   EDU: HS Grad   Overseas: SWA   Combat: Iraq (040317-050316)
Decorations/Awards: AAM, GWOTEM, GWOTSM, NDSM, AGCM, ASR, OSR

V.  Post-Discharge Activity
City, State:  Pensacola, FL
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 10 May 2006, DA HQS, 99th Regional Readiness Command, North Little Rock, AR, Orders number 06-130-00013, discharged the applicant from the Army Reserve, effective 10 May 2006, 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, AR 135-178, by reason of unsatisfactory participation, as stated by the applicant, 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 which would merit an upgrade of the applicant's discharge.  
       
       The applicant’s record is void of the specific facts and circumstances concerning the events which led to the former Soldier’s discharge from the Army.  However, the record shows that on 10 May 2006, DA HQS, 99th Regional Readiness Command, North Little Rock, AR, Orders number 06-130-00013, discharged the applicant from the Army Reserve, effective 10 May 2006, 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. 
       
       The applicant's issue of wanting to rejoin the Army was carefully considered.  However, If reenlistment is desired, the applicant should contact the local recruiter to determine eligibility to reenlist.  Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate.
       
       The analyst is unable to determine the specific facts and circumstances related to the applicant’s discharge.  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 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: 12 January 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: None

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 AR20100012316
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