Applicant Name:  ?????

Application Receipt Date: 2010/12/09	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 fully honorable.  He contends that he was not informed that any action was being taken against him; and he was not given time or allowed to seek counsel in this matter.  He also requests that his rank be restored which would allow him to continue to serve his country.

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: 091201   Chapter: NIF    AR: 135-178
Reason: NIF	   RE:     SPD: NA   Unit/Location: HHC 11th PO Bn, Upper Marlboro, MD 

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:  29
Current ENL Date: 070216    Current ENL Term: 03 Years  ?????
Current ENL Service: 	02  Yrs, 09 Mos, 16 Days ?????
Total Service:  		11  Yrs, 06 Mos, 13 Days the analyst utilized the applicant's enlistment contracts, DD Form 214, and separation orders for computing the period of enlistment under review and the total service.
Previous Discharges: 	RA-960828-991020/HD
                                       RA-991021-010924/HD
                                       RA-010925-050524/HD
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 42A20 Human Resources Spec   GT: ?????   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: AAM-5, AGCM-2, NDSM, GWOTSM, KDSM, AFEM, NCOPDR, ASR, OSR (All Prior Service)

V.  Post-Discharge Activity
City, State:  Washington, DC 
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.  On 17 December 2009, DA, HQS, Civil Affairs and Psyop  Command Fort Bragg, NC, Orders 09-351-00012, discharged the applicant from the United States Army Reserve, effective date:  1 December 2009, 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 (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 military records during the period of enlistment under review, the issues and document submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  All the facts and circumstances pertaining to the applicant’s discharge from the United States Army Reserve are not contained in the available records.
        
       On 17 December 2009, DA, HQS, Civil Affairs and Psyop Command Fort Bragg, NC, Orders 09-351-00012, discharged the applicant from the United States Army Reserve, effective date:  1 December 2009, with an 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.  By the applicant's failure to perform to standards diminished the quality of his service below that meriting a fully honorable discharge.  
       
       The applicant contends that he was not informed that any action was being taken against him; he was not given time or allowed to seek counsel in this matter.  The applicant's contentions were carefully considered.  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 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. 
       
       The applicant also requests that his rank be restored which would allow him to continue to serve his country.   The Army Discharge Review Board is not empowered to restore former service member's grade, rate or rank.  The Board may only change the characterization of service or reason for discharge.  If an applicant believes there is an error or injustice in his discharge, he then may make an application to the Army Board for Correction of Military Records, utilizing a DD Form 149, which can be obtained online or from veteran’s assistance offices.  
       
       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, based on the available evidence, the analyst presumes government regularity in the discharge process and concludes that based on the discharge orders, the characterization of service was both proper and equitable and recommends to the Board to deny relief.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 2 May 2011         Location: Wasahington, DC

Did the Applicant Testify?  Yes     No  

Counsel:  [ redacted ]
Witnesses/Observers: NA 
Exhibits Submitted: DD Form 293, dated (101130); Letter, The American Legion, dated (101208); DD Form 214, dated (050524); Self-Authored Statement; Letter to Congresswoman, dated (101129); Memorandum, Request for Conditional Release, dated (070619); Request for Conditional Release, DD Form 4/2, dated (070216); Letter, National Personnel Records Center, two (2) pages, dated (101122); Discharge Orders 032-0015, dated (050201); Request for Reenlistment or Extension in the Regular Army, dated (030626); Oath of Extension or Reenlistment, dated (030630); Montgomery GI Bill, dated (960726); two (2) DA Forms 1059, Service School Academic Evaluation Report, dated (030522), (000507); and Reduction/Discharge Orders 09-531-00012, dated (091217).  

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant's record of service during the period of enlistment under review, hearing his testimony 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: 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 AR20100029585
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