Applicant Name: ?????
Application Receipt Date: 2012/05/21 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: The applicant states, in effect, that he would like to rejoin the military and understands if he received a characterization of other than honorable or a bad conduct discharge he may have less of a chance of getting back in the military. He is willing and committed to defending and protecting our nation and looks forward to a change in the characterization of his discharge that received.
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: None
Discharge Received: Date: 110421 Chapter: NIF AR: 135-178
Reason: NIF RE: SPD: NA Unit/Location: CO C, 319th SC BN (ESB), Sacramento, CA
Time Lost: None
Article 15s (Charges/Dates/Punishment): None
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 21
Current ENL Date: 100107 Current ENL Term: Enlistment Contract is NIF, record reflects ETS as 2015/06/13 Years ?????
Current ENL Service: 1 Yrs, 3 Mos, 14 Days ?????
Total Service: 3 Yrs, 9 Mos, 11 Days ?????
Previous Discharges: 070710 - 100107/HD
Highest Grade: E-4 Performance Ratings Available: Yes No
MOS: 91B10 Wheeled Vehicle Mechanic GT: NIF EDU: HS Grad Overseas: Korea Combat: None
Decorations/Awards: AAM, AGCM, NDSM, GWOTSM, KDSM, ASR, OSRx2
V. Post-Discharge Activity
City, State: ?????
Post Service Accomplishments: None
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence shows the applicants 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 April 2011, DA HQS, 63rd Regional Support Command, Mountain View, CA, Orders number 11-111-00040 discharged the applicant from the Army Reserve, effective 21 April 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 AR 135-178, with a characterization of service of under other than honorable conditions.
b. Legal Basis for Separation:
Army Regulation 135-178 sets forth the basic authority for the separation of enlisted personnel from the U.S. Army Reserve (USAR). This regulation provides the basis for involuntary separations from the USAR; 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 applicants available records for the period of enlistment under review, the issue and documents submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the applicant's discharge.
The applicants record is void of the specific facts and circumstances concerning the events which led to the former Soldiers discharge from the Army. However, the record shows that on 21 April 2011, DA HQS, 63rd Regional Support Command, Mountain View, CA, Orders number 11-111-00040 discharged the applicant from the Army Reserve, effective 21 April 2011, with an under other than honorable conditions discharge. All the facts and circumstances pertaining to the applicants 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. 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; such documentation would be copies of signed DA Forms 1380 showing RST dates, certified true copies of the unit attendance sign in log, and leave and earning statements. 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.
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: 12 October 2012 Location: Washington, D. C.
Did the Applicant Testify? Yes No
Counsel: None
Witnesses/Observers: None
Exhibits Submitted: DD Form 293
VIII. Board Discussion, Determination, and Recommendation
After carefully examining the applicants record of service during the period of enlistment under review and considering the analysts 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 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: No Change
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 AR20120010121
______________________________________________________________________________
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