Applicant Name:  ?????

Application Receipt Date: 2010/04/05	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he requests an upgrade of his discharge to general, under honorable conditions or a fully honorable discharge.  He desires that his rank of SPC/E-4 be restored and readmitted back in the service.  He contends that the decision was too rigorous for his wrong acts.  

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: 080414
Discharge Received: 			   Date: 080611   Chapter: 13     AR: 135-178
Reason: Unsatisfactory Participation 	   RE:     SPD: NA   Unit/Location: 280th CS Center, APO AE 09058-0418 

Time Lost: NIF

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:  20
Current ENL Date: 070116    Current ENL Term: 00 Years  00
Current ENL Service: 	01 Yrs, 04 Mos, 26 Days ?????
Total Service:  		06 Yrs, 02 Mos, 09 Days The analyst utilized the applicant's enlistment contract, DD Form 214 and separation orders for computing the period of enlistment under review and the total service.
Previous Discharges: 	RA-020403-050402/HD
                                       USARCG-050403-070115/NA
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 13B10 Cannon Crewmember   GT: NIF   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: ARCOM-W/"V" DEV, NDSM, GWOTEM, GWOTSM, ASR, OSR, OSB, PUC (All Prior Service); ARCOTR, AAM, 

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

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 14 April 2008, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 13, AR 135-138, by reason of unsatisfactory participation, with a general, under honorable conditions discharge.  
       
       He was advised of his rights.  The applicant's acknowledgement of notification of separation memorandum and his election of rights are contained in the available record.  However, they are unsigned and the analyst presumed government regularity in the discharge process.  
       On 11 June 2008, the separation authority approved the separation action and directed the applicant's discharge with an under other than honorable conditions discharge.  The applicant was to be reduced to the lowest enlisted rank.

       b.  Legal Basis for Separation:  
       Army Regulation 135-78 govern procedures covering enlisted personnel management of the Army Reserve.    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, but 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 issues and documents 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 participation.  
       
       The analyst determined that the applicant’s discharge was appropriate because the quality of his service was not consistent with the Army’s standards for acceptable personal conduct and performance of duty by military personnel.  By his unsatisfactory participation, the applicant diminished the quality of his service below that meriting a general, under honorable conditions or a fully honorable characterization of service.  
       
       The applicant contends that the decision was too rigorous for his wrong acts.  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.  
       
       The applicant further contends that he desires that his rank of SPC/E-4 be restored and he be readmitted back in the service.  AR 600-8-19, states that when the separation authority determines that a Soldier is to be discharged from the service under other than honorable conditions, the Soldier will be reduced to the lowest enlisted grade.  No further board action is required for this reduction.  
       
       Further, if the applicant desires to reenlist, he should contact the local recruiter to determine his 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.
       
       Therefore, the analyst determined 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: 5 January 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 149, dated (100202); Discharge Orders 08-169-00002, dated (080617); Memorandum, Notification of Separation Proceedings, three pages, dated (080414); Memorandum, Acknowledgement of Notification of Separation Proceedings, three pages, dated (080414). 




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 2    No change 3
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: No Change
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: None































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 AR20100012493
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