Applicant Name:  ?????

Application Receipt Date: 2011/12/08	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 general, under honorable conditions or fully honorable.  He contends his unit disbanded and he was not receiving any support to remain productive after redeploying from Iraq.   

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: 070521
Discharge Received: 			   Date: 070813   Chapter: 13       AR: 135-178
Reason: Unsatisfactory Participation	   RE:     SPD: NA   Unit/Location: HQS, 89th Regional Readiness Command, Wichita, KS 

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:  17
Current ENL Date: 020207    Current ENL Term: 08 Years  ?????
Current ENL Service: 	05  Yrs, 06  Mos, 07  Days ?????
Total Service:  		05  Yrs, 06  Mos, 07  Days ?????
Previous Discharges: 	USAR-020208-040124/NA
                                       AD-040125-050423/HD
                                       USAR-050424-070813/UOTH
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 63B10 Light Wheel Vehicle Mechanic   GT: NIF   EDU: 11 Years   Overseas: Southwest Asia   Combat: Iraq (040326-050326)
Decorations/Awards: AAM, NDSM, GWOTEM, GWOTSM, AFRM-W/"M" DEV, 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 evidence of record shows that on 21 May 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 13, AR 135-138, by reason of unsatisfactory participation for failing to attend Annual Training 4-6 May 2007, with an under other than honorable conditions discharge.  He was advised of his rights.  The applicant's record contains his election of rights and a conditional waiver request; however, they are unexecuted and unsigned.  The separation approving authority's documentation is not contained in the available records and the analyst presumed government regularity in the discharge process.
         On 13 August 2007, DA, HQS, 89th Regional Readiness Command, Wichita, KS, Orders 07-225-00055, discharged the applicant from the United States Army Reserve, effective date:  13 August 2007, 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, governs procedures covering enlisted personnel management of the Army Reserve.  Chapter 13 of the regulation provides in pertinent part that individuals can be separated for being an unsatisfactory participant.  Army Regulation 135-91, states that a member is an unsatisfactory participant when nine or more unexcused absences from scheduled drills occur during a 1 year period and attempts to have the Soldier respond or comply with orders or correspondence have resulted in— the Soldier’s refusal to comply with orders or correspondence; or a notice sent by certified mail was refused, unclaimed, or otherwise undeliverable; or verification that the Soldier has failed to notify the command of a change of address and reasonable attempts to contact the Soldier have failed.  Discharge action may be taken when the Soldier cannot be located or is absent in the hands of civil authorities in accordance with the provisions of AR 135-91, paragraph 2-18, and Chapter 3, section IV, of AR   135–178.  Army policy states that an under other than honorable conditions discharge is normally considered appropriate; however, a general discharge 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 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 facts and circumstances pertaining to the applicant’s discharge from the United States Army Reserve are not contained in the available records.
        
       On 13 August 2007, DA, HQS, 89th Regional Readiness Command, Wichita, KS, Orders 07-225-00055, discharged the applicant from the United States Army Reserve, 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 general, under honorable conditions or a fully honorable discharge.
       
       The applicant contends his unit disbanded and he was not receiving any support to remain productive after redeploying from Iraq.  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.  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 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: 8 June 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, dated (111205); AR 135-178, Chapter 13 Discharge Packet, eleven (11) pages, dated, (070521); DD Form 214, dated (050423); Memorandum, Annual Training 4-6 May 2007, dated (070327); and two (2) Active Duty Orders 000850, dated (100323), 04-023-00078, two (2) pages, dated (040123). 

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						
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: NA
RE Code: 
Grade Restoration:   No   Yes   Grade: None

XI.  Certification Signature
Approval Authority:




ARCHIE L. DAVIS III
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 AR20110024326
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