Applicant Name:  ?????

Application Receipt Date: 2010/05/10	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant stated, "My discharge was inequitable first because there was no reason listed as to why I received lower than a general discharge.  I was not the perfect soldier and far from the worse, I was given an Article 15 early on in 2003 with no other adverse incident/action to my knowledge.  
     "My discharge was also inequitable because I was not liked by the higher-up (sic) in the unit, in my opinion due to my testing positive for a controlled substance on one occasion early in 2003.  I was treated like an outkast (sic) after that one occurrence.  I was also treated differently after I informed my Captain that I was a sole surviving son and that I may not go on deployment with the unit.  There was also an incident where I was past up (sic) for a promotion that I found out in the Army Regulation should have been automatic due to my time in grade and time in service.  I tried to transfer out of the unit twice and I was denied for some unknown reason.  I just wanted a fresh start with a new unit.  I was highly un-motivated after this situation.
     "Lastly my dicharge was inequitable because it's harmful to me when it comes time for me to apply for jobs that require/ask for discharge papers.  Anything lower than a General discharge looks bad to potential employers and arouses concern/alarm.  I would hate to possibly be denied employment behind my discharge.
     "I was reduced in rank from E-3 to E-1 during my discharge process for reasons unknown.  Also my contract stated I wasn't required to actively drill as of Jan 07 if my absence becomes a factor."


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: 01113   Chapter: NIF      AR: 135-178
Reason: NIF	   RE:     SPD: NA   Unit/Location: 88th MP Co, Fort Eustis, VA  23604 

Time Lost: None

Article 15s (Charges/Dates/Punishment): NIF; The applicant stated that he received an Article 15 in 2003.

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 010110    Current ENL Term: 8 Years  ?????
Current ENL Service: 	7 Yrs, 10Mos, 04Days ?????
Total Service:  		7 Yrs, 10Mos, 04Days ?????
Previous Discharges: 	 USAR 010110-030210/NA
                                        AD 030211-040111/HD
                                        (Concurrent Service)

Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 92A10 Automated Logistical Specialist   GT: NIF   EDU: HS Grad   Overseas: SWA   Combat: Kuwait (030428-031113)
Decorations/Awards: AFRM w M Device, NDSM, ASR

V.  Post-Discharge Activity
City, State:  Newport News, VA
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 13 November 2008, DA HQ, 99th Regional Support Command (RSC), Fort Dix, NJ Order number 08-318-00005, discharged the applicant from the Army Reserve, effective 13 November 2008, with an under other than conditions discharge.  The record contains a properly constituted Order which indicates the applicant was discharged under the provisions AR 135-178.

       b.  Legal Basis for Separation:  
       Army Regulation 135-178 (Separation of Enlisted Personnel) provides for the separation of enlisted personnel of the Army Reserve.  Army policy states that the characterization of service will normally be under other than honorable conditions.  The regulation also permitted the characterization of service as general, under honorable conditions.

       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.  
       
       The record indicates that on 13 November 2008, DA HQ, 99th Regional Support Command (RSC), Fort Dix, NJ Order number 08-318-00005, discharged the applicant from the Army Reserve, effective 13 November 2008, with an under other than 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 contentions concerning differential treatment by his command were carefully considered.  However, the analyst is unable to determine whether his contention has 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.  
       
       Further, that applicant's contention that employment opportunities are not available to him due to his discharge charactization does not provide a basis upon which to upgrade the discharge.  
       
       The burden of proof remains with the applicant 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: 1 April 2011         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: DD Form 293 application; DD Form 214; Certificate of Discharge from Active Duty; DA Separation Order.

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: N/A										
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 AR20100015302
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