Application Receipt Date: 061003 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See applicant's DD Form 293 and attached documents. II. Were Proper Discharge and Separation Authority procedures followed? Yes No Tender Offer: ????? See Attachments: Legal Medical Minority Opinion Exhibits III. Original Character of Discharge Unit CDR Recommended Discharge: Date: 041212 Discharge Received: Date: 050510 Chapter: 13 AR: 135-178 Reason: Unsatisfactory Participation In The Ready Reserve RE: SPD: NA Unit/Location: 88th Regional Readiness Command, TTHS Account, Fort Snelling, MN 55111-4009 Time Lost: NIF Article 15s (Charges/Dates/Punishment): NIF Court-Martials (Charges/Dates/Punishment): NIF Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 810610 Current ENL Date: 000314/OAD Current ENL Term: NIF Years ????? Current ENL Service: 05 Yrs, 01 Mos, 26Days The analyst used the applicant's discharge order and enlistment contract to determine the period under review and total service. Total Service: 05 Yrs, 05 Mos, 21 Days ????? Previous Discharges: USAR-991112-000314/NA ADT-000314-000929/HD USAR-000930-020501/NA USARCG-020502-050502 (Concurrent Service) Highest Grade: E4 Performance Ratings Available: Yes No MOS: 91M10 Hospital Food Service Spec GT: NIF EDU: HS Grad Overseas: NIF Combat: NIF Decorations/Awards: ASR V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the United States Army Reserve. However, the evidence of record shows that on 10 May 2005, DA, HQ, 88th Regional Readiness Command, Fort Snelling, MN, Orders 05-130-00023, discharged the applicant from the United States Army Reserve, effective date: 10 May 2005, with an under Other Than honorable conditions discharge. The analyst noted that on 12 October 2004, the unit commander notified the applicant of initiation of separation action under the provisions of AR 135-178, Chapter 9, by reason of unsatisfactory performance, with a general, under honorable conditions discharge. However, after further examination of the available record the analyst determined the discharge action should have been initiated under AR 135-178, Chapter 13, unsatisfactory participation. b. Legal Basis for Separation: Army Regulation 135-178 (Separation of Enlisted Personnel) provides for the separation of enlisted personnel of the Army Reserve and Army National Guard. Chapter 13, paragraph 13-1 of the regulation, ineffect at the time, governed separation of unsatisfactory participation in the ready reserve. When discharged under this provision, Army policy states that the characterization of service will normally be under other than honorable conditions. The regulation also permitted the characterization of service as general, under honorable conditions. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s available military records for the period of enlistment under review, the issue and documents he submitted, the analyst recommends that relief be denied in this case. The applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the United States Army Reserve. However, on 10 May 2005, DA, HQ, DA, HQ, 88th Regional Readiness Command, Fort Snelling, MN, Orders 05-130-00023, discharged the applicant from the United States Army Reserve, effective date: 10 May 2005, with an under Other Than honorable conditions discharge. 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. The analyst noted the applicant’s contentions; however, the evidence was not sufficiently mitigating to warrant an upgrade of the discharge under review. Furthermore, if the applicant desires to reenlist, he should contact the local recruiter to determine his 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. Therefore, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 7 November 2007 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA VIII. Board Decision The discharge was: Proper Improper Equitable Inequitable The characterization of service was: Proper Improper Equitable Inequitable The narrative reasons were: Equitable Inequitable DRB voting record: Change 2 No change 3 - Character Change 0 No change 5 - Reason (Board member names available upon request) IX. 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. Case report reviewed and verified by: Mr. Kenneth McFarley, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: None Other: NA RE Code: Grade Restoration: No Yes Grade: None XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: CHRISTINE U. MARTINSON DATE: 26 November 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060014132 Applicant Name: Mr. ______________________________________________________________________ Page 5 of 5 pages