Applicant Name:  ?????

Application Receipt Date: 2012/11/23 	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 honorable and a change to the narrative reason for 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: 	NIF   Date: NIF
Discharge Received: 			   Date: 061226   Chapter: 13      AR: 135-178
Reason: Unsatisfactory Participation	   RE:     SPD: NA   Unit/Location: HHC, 7-6th AV Bn, Conroe TX 

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:  48
Current ENL Date: 020111    Current ENL Term: 06 Years  ?????
Current ENL Service: 	04  Yrs, 11  Mos, 16  Days ?????
Total Service:  		11  Yrs, 08  Mos, 05  Days ?????
Previous Discharges: 	ARNG-750422-750320/NA
                                               IADT-750321-750718/HD
                                               ARNG-750719-770612/NA
                                               ADT-770613-790214/HD
                                               USARCG-790215-801229/HD
                                               USAR-971017-020110/HD
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 63B20 Wheeled Vehicle Mech   GT: NIF   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (041108-051014)
Decorations/Awards: NDSM, ARCAM, ARCOTR, AFRM-W/"M" DEV, C/ACH

V.  Post-Discharge Activity
City, State:   
Post Service Accomplishments: None listed


 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The specific facts and circumstances leading to the applicant's discharge from the United States Army Reserve are not contained in the available records.  On 13 December 2006, DA, HQS, U.S. Army Reserve Command, Fort McPherson, GA, Orders 06-345-00027,discharged the applicant from the United States Army Reserve, effective date:  26 December 2006, with a general, under honorable conditions discharge.  

       b.  Legal Basis for Separation:  
       Army Regulation 135-178, governs procedures covering enlisted personnel management of the Army Reserve.  Chapter 13 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 acrue 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 or a change to the narrative reason for 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 3 December 2006, DA, HQS, U.S. Army Reserve Command, Fort McPherson, GA, discharged the applicant from the United States Army Reserve, with general discharge under honorable conditions.  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 an honorable discharge.
       
       The narrative reason for separation is governed by specific directives.  The complete facts and circumstances leading to the discharge are unknown. The applicant bears the burden of the presentation of substantial and credible evidence to support his contention.  There is no evidence in the record, nor has the applicant provided any evidence, to support the contention that the reason for his discharge was improper or inequitable.      
       
       The analyst noted the applicant's issue regarding request to be placed in individual ready reserve due to medical reasons.  However, 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: 3 April 2013         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, dated (121115); a Doctor's Note, dated (060917)

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: 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




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 AR20120021765
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