Applicant Name: ?????
Application Receipt Date: 2010/11/18 Prior Review: Prior Review Date: 2010/07/14/Records Review/
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: The applicant states, in effect, that his discharge was improper because his 6 year contract was already up when he transferred to the 377th Quartermaster Company in Macon, GA. At the time he was debating on rejoining for a few more years, but he decided not to. He did request to have his last 2 years to be in the Individual Ready Reserve (IRR) which I guess never happened. How does someone with the same contract that he has, around the same time frame, able to be placed into the IRR in his last 2 years, but he wasn't.
It stated in his contract that 6 years in the reserves and the last 2 years in IRR, which they never placed him in. He believes it was unfair for that commander in doing that after numerous messages he left with the co, xo and other personnel at the unit, that he wished to be placed in the IRR with consideration of that unit being well over 50 miles away. He feels that just because he was white in a majority black unit, he was discriminated against.
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: 060829 Chapter: NIF AR: 635-200
Reason: NIF RE: SPD: NA Unit/Location: 377th Quartermaster Company, 1st Platoon, (PETRL), Macon, GA.
Time Lost: NIF
Article 15s (Charges/Dates/Punishment): NIF
Courts-Martial (Charges/Dates/Punishment): NIF
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 19
Current ENL Date: 990927 Current ENL Term: 8 Years ?????
Current ENL Service: 6 Yrs, 11 Mos, 3 Days (The computation includes 5 days of excess leave from 991229-000102)
Total Service: 6 Yrs, 11 Mos, 3 Days ?????
Previous Discharges: ADT 991103-000331/NA
(Concurrent Service)
Highest Grade: E-4 Performance Ratings Available: Yes No
MOS: 92S10 Shower/Laundry and Clothing Repair Spec GT: NIF EDU: HS Grad Overseas: None Combat: None
Decorations/Awards: AAM, ASR
V. Post-Discharge Activity
City, State: ?????
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The specific facts and circumstances leading to the applicant's discharge from the United States Army Reserve are not contained in the available records. However, on 29 August 2006, DA, HQS, 81st Regional Readiness Command, Birmingham, AL, issued Orders 06-241-00010, discharging the applicant from the United States Army Reserve, with an effective date of: 29 August 2006, 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 135-178 sets forth the policies, standards, and procedures to ensure the readiness and competency of the U.S. Army while providing for the orderly administrative separation of Army National Guard and U.S. Army Reserve (USAR) enlisted Soldiers for a variety of reasons. The separation policies throughout the different Chapters in this regulation promote the readiness of the Army by providing an orderly means to judge the suitability of persons to serve on the basis of their conduct and their ability to meet required standards of duty performance and discipline. Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, and convictions by civil authorities.
The characterization is based upon the quality of the Soldiers service, including the reason for separation and determined in accordance with standards of acceptable personal conduct and performance of duty as found in the UCMJ, Army Regulations, and the time-honored customs and traditions of the Army. The reasons for separation, including the specific circumstances that form the basis for the discharge are considered on the issue of characterization. Possible characterizations of service include an honorable, general, under honorable conditions, under other than honorable conditions, or uncharacterized, if the Soldier is in entry-level status. However, the permissible range of characterization varies based on the reason for separation.
c. Response to Issues, Recommendation and Rationale:
After a careful review of all the applicants available 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. All the specific facts and circumstances pertaining to the applicants discharge from the United States Army Reserve are not contained in the available records.
On 29 August 2006, DA, HQS, 81st Regional Readiness Command, Birmingham, AL, Orders 06-241-00010, discharged the applicant from the United States Army Reserve, effective date: 29 August 2006, with 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 issue that his discharge was improper because his 6 year contract was already up when he transferred to the 377th Quartermaster Company in Macon, GA. At the time he was debating on rejoining for a few more years, but he decided not to. He did request to serve his last 2 years in the Individual Ready Reserve (IRR). The evidence of record shows that the applicant was counseled on 16 November 2005, regarding his decision to be separated from the Army Reserve Troop Program Unit (TPU) and the benefits that he would lose upon separation and the applicant decided to separate from the TPU.
Further his enlistment contract dated 27 September 1999, indicates the applicant agreed to serve 6 years as a member of the TPU and 2 years as an assigned member of the Individual Ready Reserve (IRR). On 5 October 2005, the applicant was issued Orders 05-278-00015 releasing him from his current assignment 275th QM Company (Hvy Mat Sup), Fort Pickett, VA by reason of transferring from one Troop Program Unit to another Troop Program Unit.
The applicant resided outside of the command and was assigned in the Reserve Components to a TPU which required him to continue to attend scheduled unit drills, which he failed to do and was discharged from the Reserve for lack of participation. The applicant was reassigned to the 377th QM Company, 1st Plt, Riverside Drive, Macon, GA with an effective date of 5 October 2005. The applicant stated in his issue that he left messages with the co, xo and other personnel at the unit and that the unit was well over 50 miles away.
However, the applicant indicated in his enlistment contract (DA Form 3540-R) that he understood if he is transferred or reassigned to a troop program unit of the US Army Reserve, he must immediately begin to participate satisfactorily for the remaining period of his statutory or contractual obligation, whichever is longer.
The applicant further contends that he was discriminated against because he was a white in a majority black unit. Although the applicant alleges that he was a victim of racism during his military service, there is no evidence in his military records and the applicant has not provided sufficient evidence supporting this contention. Therefore, this argument is not sufficient to support his request for an upgrade of his discharge.
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: 22 April 2011 Location: Atlanta, GA
Did the Applicant Testify? Yes No
Counsel: None
Witnesses/Observers: None
Exhibits Submitted: The applicant submitted the following documents: a Self-Authored Statement, dated (090808); Enlistment/Reenlistment Document ten (10) pages, dated (990927); Request for Reserve Component Assignment or Attachement, dated (051002); Discharge Orders 06-241-00010, dated (060829); DD Form 214, dated (000331); and Another Soldier's Documents: Service Obligation; DA Form 4856 (Developmental Counseling Form) dated 9051116); and a DD Form 214, dated (000331).
VIII. Board Discussion, Determination, and Recommendation
After carefully examining the applicants record of service during the period of enlistment under review, hearing his testimony and considering the analysts recommendation and rationale, the Board determined that the characterization of service was too harsh and as a result, it is inequitable.
The Board found that the length and quality of the applicant's service to include his post service accomplishments (i.e., achievements in law enforcement as a police officer for 10 years) mitigated the misconduct in the service record. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable. However, the Board determined that the reason for discharge was both proper and equitable and voted not to change it.
IX. Board Decision
XI. Certification Signature
Board Vote: Approval Authority:
Character - Change 5 No change 0
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: No Change
RE Code:
Grade Restoration: No Yes Grade: No Change
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 AR20100028096
______________________________________________________________________________
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