Applicant Name:  ?????

Application Receipt Date: 2012/11/05	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he enlisted in the Army Reserves in September of 2001 attended and graduated basic training in 2002 and then completed AIT at Fort Jackson. Upon completion of basic training and AIT he returned home to Missouri and was in reserve status drilling one weekend a month.  In early 2003 he received orders to deploy to Iraq for 24 months, the unit actually only deployed for 11 months, and upon returning to the states he remained on orders and was stationed at Fort Riley, KS until roughly January of 2004.  He then returned to reserve status and continued drilling until February of 2005.  

The unit was then preparing for another deployment and had told him that he was not deployable, with no specific reason given.  He spent many months trying to get answers and figure out what he was supposed to do or where to go and never received any response from anyone at the unit or from his chain of command.  Basically he had no information and by then his contract was up.

He lived at the same address until 2012 and never received any phone calls, letters, et'cetra.  Recently, he had a desire to re-enlist in the National Guard.  However; after sending in a request for his military record from the National Personnel Records Center in St. Louis, MO he learned of his discharge status of Other Than Honorable.  He feels this is a mistake and is the result of miscommunication.  During his years of service he was never in any trouble nor did he do anything to receive a less than honorable discharge. 

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: 060213   Chapter: 13     AR: 135-178
Reason: Unsatisfactory Participation	   RE:     SPD: NA   Unit/Location: 89th RRC TTHS Account (W8B350), Wichita, KS 

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:  20
Current ENL Date: 010918    Current ENL Term: 8 Years  ETS reflected as 090917
Current ENL Service: 	05 Yrs, 02 Mos, 25 Days ?????
Total Service:  		05 Yrs, 02 Mos, 25 Days ?????
Previous Discharges: 	USAR  010918 - 030120/NA
                                               OAD    030121 - 031115/NA all concurrent enlistment

Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: NIF   GT: NIF   EDU: HS Grad   Overseas: NIF   Combat: NIF
Decorations/Awards: NIF

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 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     13 February 2006, DA HQS, 89th Regional Readiness Command, Wichita, KS, Orders number 06-044-00030 discharged the applicant from the Army Reserve, effective 13 February 2006, with an under other than honorable conditions discharge.  The record contains a properly constituted Order.  The record indicates the applicant was discharged under the provisions of paragraph 13-1, 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 135-178 sets forth the policies, standards, and procedures to ensure the readiness and competency of the U.S. Army while providing for the orderly administrative separation of Army National Guard and U.S. Army Reserve (USAR) enlisted Soldiers for a variety of reasons. The separation policies throughout the different Chapters in this regulation promote the readiness of the Army by providing an orderly means to judge the suitability of persons to serve on the basis of their conduct and their ability to meet required standards of duty performance and discipline.  Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, and convictions by civil authorities.  The characterization is based upon the quality of the Soldier’s service, including the reason for separation and determined in accordance with standards of acceptable personal conduct and performance of duty as found in the UCMJ, Army Regulations, and the time-honored customs and traditions of the Army.  The reasons for separation, including the specific circumstances that form the basis for the discharge are considered on the issue of characterization.  Possible characterizations of service include an honorable, general, under honorable conditions, under other than honorable conditions, or uncharacterized, if the Soldier is in entry-level status.  However, the permissible range of characterization varies based on the reason for separation.

       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, 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 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 13 February 2006 , DA HQS, 89th Regional Readiness Command, Wichita, KS discharged the applicant from the Army Reserve, effective 13 February 2006, 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.  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: 1 April 2013         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: On line application, orders 06-044-00016, orders 06-044-0030, enlistment contract, sppeding fine, police record check, orders 303-0026, orders 05-301-00004 

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 Discussion and Recommendation which follows, the Board determined the discharge to be 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: N/A
Other: N/A
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




JOSEPH M. BYERS
Lieutenant Colonel, U. S. Army
Secretary Recorder












Legend:
AMHRR - Army Military Human Resource Record	FG - Field Grade	IADT – Initial Active Duty Training	RE - Reentry
AWOL - Absent Without Leave	GD - General Discharge	NA - Not applicable	SCM- Summary Court Martial
BCD - Bad Conduct Discharge	HS - High School	NIF - Not in File	SPCM - Special Court Martial
CG - Company Grade Article 15	HD - Honorable Discharge	OAD - Ordered to Active Duty	UNC - Uncharacterized Discharge  
CID - Criminal investigation Department	MP – Military Police	OMPF - Official Military Personnel File	UOTH - Under Other Than Honorable 
												Conditions 

ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20120020596
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