Applicant Name:  ?????

Application Receipt Date: 2011/10/26	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he was not allowed to reenlist and continue his military career.  He was mistreated and was unfairly denied the opportunity to continue serving while other Soldiers with the same problem were allowed to do so.  He would like an upgrade of his discharge in order to reenlist or obtain a government or state job.  He has been denied VA medical treatment and benefits.

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: 090429   Chapter: 13    AR: 635-200
Reason: Completion of Required Active Service	   RE:     SPD: JHJ   Unit/Location: HHC, 536th Bde Spt Bn (Rear), Camp Mabry, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): None

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  39
Current ENL Date: OAD 040415    Current ENL Term: 6 Years  ?????
Current ENL Service: 	05 Yrs, 00 Mos, 15 Days ?????
Total Service:  		24 Yrs, 07 Mos, 07 Days Includes inactive service
Previous Discharges: 	ARNG 811222-100414/HD
                                       IADT 820524-821020/HD
                                       OAD 010415-040114/HD
Highest Grade: E-6		Performance Ratings Available: Yes    No 
MOS: 92Y30/Unit Supply NCO   GT: NIF   EDU: 11th Grade   Overseas: None   Combat: None
Decorations/Awards: AAM, NDSM, ASR, NOPDR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: On 14 April 2010, the applicant was discharged from the ARNG as a staff sergeant and awarded an honorable characterization of service.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 15 April 2004, the applicant applied for the AGR program and was approved and ordered to active duty for a period of 6 years.  
       
       On 30 April 2009, the unit commander signed a DA Form 4187, recommending that the applicant be separated from active duty for Expiration of Service Obligation (ETS).  Further, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was not authenticated by the applicant’s signature.  His DD Form 214 indicates he was released from active duty under the provisions of Chapter 13, AR 635-200 by reason of completion of required active service, with an under other than honorable conditions discharge effective 29 April 2009.
       
       A DD Form 215 contained in the record, indicates the applicant’s characterization of service was changed to general, under honorable conditions with a reentry code of “3.”

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this Chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory Soldier.  Army policy states that a general, under honorable conditions discharge is normally considered appropriate; however, a fully honorable discharge may be granted in meritorious cases.

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s military records and the issues and documents submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the applicant's discharge.  
       
       The only pertinent evidence available for review regarding the applicant's discharge is the DD Form 214, Certificate of Release or Discharge from Active Duty, which was not authenticated by the applicant.  The DD Form 214 shows the applicant was separated under the provisions of Chapter 13, AR 635-200, with a reason listed as “Completion of Required Active Service,” and transferred to the ARNG.  His discharge was initially characterized as under other than honorable conditions and was later corrected by a DD Form 215 to general, under honorable conditions.  
       
       While there appears to be a conflict between the reason for his separation which under the listed reason would have been under the provisions of Chapter 4, AR 635-200 for completion of required service.  His record shows that he was ordered to serve in the AGR program for 6 years and he served 5 years and 15 days.  The authority used to separate him (DD Form 214) was Chapter 13, AR 635-200 and the reason should have been listed as “Unsatisfactory Performance,“  which allows for a separation with a characterization of service of general, under honorable conditions.  In the absence of information to the contrary, the analyst is unable to determine if the reason for the discharge is incorrect or if the authority used to separate him was incorrect given the contrary conclusions that could be drawn from the elements contained in the applicant’s DD Form 214.  If the reason for his separation is Completion of Required Service, he would be entitled to an honorable characterization of service. However, if the reason for the separation is Unsatisfactory Performance his characterization of general, under honorable conditions would have been appropriate; thus, this is an issue of fact for the Board to consider.
       
       Therefore, based on the available evidence, the analyst presumes government regularity in the discharge process and concludes that it appears the discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief.
       
       Moreover, if a personal appearance hearing is desired, it is the applicant's responsibility to meet the burden of proof since the evidence is not available in the official record.  The burden of proof remains with the applicant to provide the appropriate documents or other evidence (i.e., discharge packet) sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration.  

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 11 May 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: Email correspondence, copy of congressional correspondence, DD Form 214, orders.

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review and notwithstanding the analyst’s recommendation and rationale, the Board determined that the characterization of service was too harsh, and as a result it is inequitable.  The Board determined that the overall length and quality of the applicant’s service (5 years, 15 days), to include his three previous honorable characterizations, and the honorable characterization granted by the ARNG in 2010, mitigated the discrediting entries in his 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 proper and equitable and voted not to change it.  
        
IX.  Board Decision						
Board Vote:
Character - Change 1    No change 4
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: NA
Other: NA
RE Code: 
Grade Restoration:   No   Yes   Grade: NA

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 AR20110021382
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