Applicant Name:  ?????

Application Receipt Date: 2012/04/26	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that after talking to a recruiter in 2006, he told him he had to think about things before making a decision.  In 2007, he received orders with an under other than honorable conditions discharge.  The orders indicated that he had been voluntarily released from the USAR Control Group even though he never came to an agreement about enlisting with the recruiter.  He provides a self-authored statement with his application in which he details the events that led to the discharge.  He now works for the Beaufort County Sheriff’s office and has achieved the rank of corporal.  He requests an upgrade of his discharge to honorable and reinstatement of his rank in order to join the US Air Force.

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: UOTH   Chapter: 13    AR: 135-178
Reason: Unsatisfactory Participation	   RE:     SPD: NA   Unit/Location: 366th Chemical Co, Fort Stewart, GA 

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:  24
Current ENL Date: 060313    Current ENL Term: NIF Years  ?????
Current ENL Service: 	01 Yrs, 03 Mos, 08 Days ?????
Total Service:  		04 Yrs, 03 Mos, 08 Days ?????
Previous Discharges: 	RA 991029-021028/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 63W10/Wheel Vehicle Repairer   GT: 97   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: ARCOM, NDSM, AFEM, ASR, NM

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: Works for the County Sheriff's Office and has achieved the rank of corporal.

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 21 June 2007, DA HQS, 355th Theater Signal Command, East Point, GA, Orders number 07-172-00017, discharged the applicant from the Army Reserve, effective 20 June 2007, with an under other than honorable conditions discharge.  The applicant was reduced to E-1.
       The record contains a properly constituted Order which indicates the applicant was discharged under the provisions AR 135-178, by reason of unsatisfactory participation, as stated by the applicant, with a characterization of service of under other than honorable conditions. 

       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 records for the period of enlistment under review, and the issue submitted with the application, the analyst found no mitigating factors which would merit 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 21 June 2007, DA HQS, 355th Theater Signal Command, East Point, GA, Orders number 07-172-00017, discharged the applicant from the Army Reserve, effective 20 June 2007, 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 issue of wanting to rejoin the Air Force was carefully considered.  However, if reenlistment is desired, the applicant should contact the local recruiter to determine 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 if appropriate.
       
       The analyst noted the applicant’s issue that he never agreed to transfer from the USAR Control Group to an active Reserve unit (TPU); however, is unable to determine the specific facts and circumstances related to the applicant’s discharge.  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 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: 10 September 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: A self-authored statement, USARCG Orders (060314), reduction orders, and discharge orders.

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 notwithstanding the analyst’s recommendation and rationale, the Board determined that the characterization of service was too harsh based on the overall length and quality of the applicant's service, to include prior honorable discharge, and as a result it is inequitable.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable.  The Board determined that the reason for discharge was both proper and equitable and voted not to change it.  This action entails restoration of grade to E-4/SPC.
        
IX.  Board Decision						
Board Vote:
Character - Change 5    No change 0
Reason -     Change 0    No change 5
(Board member names available upon request)

X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: None
Other: TO: ARBA Promulgation Team. Arlington, VA                                                        Date: 21 September 2012                        

     The Army Discharge Review Board, under the provisions of Title 10, United States Code, Section 1553, in the case of the applicant named in Part I directs that the ARBA Promulgation Team, Arlington, VA issue a new discharge order to the applicant which reflects the following directed changes:

           ( X  )	Change characterization of discharge to Honorable.
           ( X  )	Restoration of grade to E-4/SPC
RE Code:  
Grade Restoration:   No   Yes  Grade: E-4/SPC

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 AR20120008374
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