Applicant Name:  ?????

Application Receipt Date: 2012/03/14	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he is making a request to make the military his future option.  He wants nothing more than to serve his country with a sense of pride and honor.  He also wants his discharge characterization  to look more respectable for future career opportunities and requests it to be changed to uncharacterized.  He adds that obtaining an great upgrade would greatly help him with his future endeavors.  He was previously discharged from the Reserves due to relocation complications.  He asks to please accept this request and take it into consideration.  He is an active member of his community.  He volunteers his time to coach the eighth grade basketball team at the school from which he graduated.  It is a non-paying commitment, that he provides to help keep kids to be on the right track by passing on his knowledge and guidance to them.  He has kept a clean background and driving record his whole life.  Still to this day, he has never been prosecuted of a crime or been in any kind of trouble with the law.  He is currently employed and coaching his team in the evenings.  He is looking to get back into the military on a part time basis (the National Guard) to continue to be a serving member of his community.  It is important to him, because it is the ultimate sacrifice that one can make for his country.  He took pride in being a Service member, and would like a change to the characterization code to allow him to do so.  He asks to please accept his request and take it into consideration.  It would mean very much to once again take his participation in his community to the next level.  

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: 110323   Chapter: NIF    AR: 135-178
Reason: Unsatisfactory Participation	   RE:     SPD: NIF   Unit/Location: 322nd MC Co, Southfield, MI 

Time Lost: NIF

Article 15s (Charges/Dates/Punishment): NIF

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  21
Current ENL Date: 090327    Current ENL Term: 08 Years  ?????
Current ENL Service: 	01 Yrs, 11 Mos, 27 Days ?????
Total Service:  		01 Yrs, 11 Mos, 27 Days (includes ADT (090608-100122) / HD)
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 68W (Health Care Specialist)   GT: 116   EDU: 13 Years   Overseas: NIF   Combat: NIF
Decorations/Awards: NDSM; ASR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: The applicant states, in effect, that he is employed and volunteers as an assistant coach with an elementary school basketball team.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       
       The evidence shows the applicant’s record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army Reserve.  The record indicates that on 16 March 2011, DA HQS, 88th Regional Support Command, Fort McCoy, WI, Orders number 11-075-00086, discharged the applicant from the Army Reserve, effective 23 March 2011, with an under other than honorable conditions discharge.  The record contains a properly constituted Order which indicates the applicant was discharged under the provisions of paragraph AR 135-178, by reason of unsatisfactory participation, with a characterization of service of under other than honorable conditions. 

       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 available records for the period of enlistment under review, and the issue and documents submitted with the application, the analyst found no mitigating factors which would merit a change to the narrative reason and an upgrade of the applicant's discharge.  
       
       The applicant’s record is void of the specific facts and circumstances concerning the events which led to the former Soldier’s discharge from the Army.  However, the record shows that on 16 March 2011, DA HQS, 88th Regional Support Command, Fort McCoy, WI, discharged the applicant from the Army Reserve, effective 236 March 2011, with an under other than honorable conditions discharge.  All the facts and circumstances pertaining to the applicant’s discharge are not contained in the available records and the analyst presumed government regularity in the discharge process. 
       
       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.  Specifically, the time period of his relocation and any documented attempts with contacting his initial unit.  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.  
       
       The analyst noted the applicant’s issue about changing the narrative reason for his discharge to uncharacterized; however, it is inapplicable in his case as an uncharacterized service is only applicable to Soldiers who are separated while in an entry-level status.  A Soldier is in entry-level status for the first 180 days of continuous active duty.  Army Regulation 635-200 also provides, except in cases of serious misconduct, that a Soldier’s service will be uncharacterized when separated in entry-level status.  For ARNG and USAR Soldiers ordered to IADT/ADT, entry-level status terminates 180 days after the beginning of training. 
       
       Furthermore, the analyst acknowledges the applicant's in service accomplishments as stated in his application.  However, the analyst did not find the said issue sufficiently mitigating to warrant an upgrade of the discharge under review.  
       
       Further, the analyst also noted the applicant's issues about his desire to rejoin the Service and to have better job opportunities.  However, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  At the time of discharge, the applicant received an under other than honorable conditions characterization of service which constitutes a non-waivable disqualification, thus the applicant is no longer eligible for reenlistment.  
       
       Therefore, based on the available evidence, the analyst presumes government regularity in the discharge process and concludes that it appears 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: 5 September 2012         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, dated 6 Mar 2012 w/self-authored statement; Reenlistment Eligibility Data Display (REDD) Report, dated 9 Dec 2011; Discharge Orders, dated 16 Mar 2011, for service under current review; DD Form 214, dated 22 Jan 2010 (ADT); Recruiting Station letter, dated 1 Jun 2012, subject: DD Form 368, Conditional Release, by SFC S; Letter of Recommendation, dated 6 Jun 2012, SSG C; applicant's self-authored statement; OCLL letter, dated 9 May 2012; reference letter, undated, by Mr. B, HS teacher/coach; letter of recommendation, dated 15 Feb 2012, by HS Principal.
































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: NA
Other: NA
RE Code: 
Grade Restoration:   No   Yes   Grade: NA

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 AR20120007493
______________________________________________________________________________


Page 4 of 4 pages