Applicant Name:  ?????

Application Receipt Date: 2011/07/19	Prior Review:     Prior Review Date: 2011/05/20 Records Review  

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he had an impeccable service record; however, the US Citizens & Immigration Services is implying that his discharge is enough for denial of immigration benefits to which he believes he is entitled to especially after he had served in the Army.  How was  he able to serve, take an oath to protect this nation against all enemies both foreign and domestic, but denied citizenship; dispite special provision in the law allowing for any individual that served to become naturalized citizens.  

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: 040827   Chapter: NIF       AR: 135-175
Reason: NIF	   RE:     SPD: NA   Unit/Location: 955TH Engineer Detachment, Engineer Company, 420th Engineer Brigade, Fort Leonard Wood, MO 

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:  21
Current ENL Date: 020620    Current ENL Term: NIF Years  ?????
Current ENL Service: 	2 Yrs, 2 Mos, 8 Days ?????
Total Service:  		3 Yrs, 1 Mos, 0 Days ?????
Previous Discharges: 	USAR 010427-020102/NA
                                       ADT 020103-020619/NA
                                          (Concurrent Service)
Highest Grade: 2LT		Performance Ratings Available: Yes    No 
MOS: NIF   GT: NIF   EDU: 14 Years   Overseas: NIF   Combat: NIF
Decorations/Awards: NIF

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None submitted by the applicant.









VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The applicant's record is void of the specific facts and circumstances concerning the events that led to his discharge from the United States Army Reserve.  The record indicates that on 27 July 2004, Department of the Army, Headquarters, US Army Reserve Command, Fort McPherson, GA, issued Orders 04-209-00031, which discharged the applicant from the United States Army Reserve, with an effective date of: 27 August 2004, with a general, under honorable conditions discharge.   

       b.  Legal Basis for Separation:  
       Army Regulation 135-175 sets forth the basic authority for the separation of officers from the U.S. Army Reserve (USAR), except for officers serving on active duty or active duty training exceeding 90 days.  Chapters 2 and 3 of this regulation provide the basis for involuntary separations of USAR officers.  Specific categories include substandard performance of duty, moral or professional dereliction, in the interest of national security, as a result of trial by court martial, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, homosexual conduct, convictions by civil authorities and desertion or absence without proper authority from unit training.  Army policy states that an under other than honorable conditions discharge is normally considered appropriate; however, a general 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 military records and the issue submitted with the application as to the propriety of the discharge, the analyst determined that the applicant’s available record of service during the period under review as a U.S. Army Reserve officer is void of the specific facts and circumstances concerning the events which led to his discharge from the Army Reserve. 
       
       However, the applicant’s record does contain a properly constituted Order which was authenticated by the appropriate military authority.  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 applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the type of discharge he received from the U.S. Army Reserve.  
       
       The applicant's contentions were carefully considered.  However, the analyst is unable to determine whether these 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.  Because the applicant's record is void of the afforementioned, the analyst found that the applicnat's available record of service was determined not to be sufficiently meritorious to warrant an upgrade to the characterization of discharge.  
       
       The applicant was discharged under the provisions of AR 135-175 with a general, under honorable conditions discharge.  The narrative reason for separation is not shown on the order which discharged the applicant from the US Army Reserve.  Further, the analyst is unable to determine whether the applicant's request has 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.  It is the responsibility of the applicant to meet the burden of proof since the evidence is not available in the official record.  Therefore, the analyst is unable to determine if the applicant's request has merit. 
       
       Therefore, based on the available evidence, the analyst presumes government regularity in the discharge process and 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: 7 February 2012         Location: Dallas, TX

Did the Applicant Testify?  Yes     No  

Counsel: Texas Veterans Commission                        Baker & McKenzie
                 State Headquarters Office                            2001 Ross Avenue
                 ATTN:                                                           Dallas TX 74008
                 PO Box 12277
                 Austin, TX 78711 2277

Witnesses/Observers: None 

Exhibits Submitted: DD Form 293 dated 13 July 2011, DD Form 214, Orders 04-209-00031 dated 27 July 2004, ADRB Case Report Directive dated 20 May 2011, Advisory Opinion dated 5 October 2010.

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						
Board Vote:
Character - Change 0    No change 5
Reason -     Change 0    No change 5
(Board member names available upon request)

X.  Board Action Directed
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

XI.  Certification Signature
Approval Authority:


EDGAR J. YANGER
Colonel, U.S. Army
President, Army Discharge Review Board


BONITA E. TROTMAN
Lieutenant Colonel, U. S. Army
Secretary Recorder
?????


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 AR20110015037
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