Applicant Name: ????? Application Receipt Date: 080326 Prior Review Prior Review Date: Records Review/080227 I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 and attached documents submitted by the applicant. 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: NIF Discharge Received: Date: NIF Chapter: 13 AR: 135-178 Reason: Unsatisfactory Participation in the Ready Reserve RE: SPD: NA Unit/Location: 339th MC Co HUB, Oakdale, PA Time Lost: None Article 15s (Charges/Dates/Punishment): NIF Court-Martials (Charges/Dates/Punishment): NIF Counseling Records Available: Yes No IV. Soldier’s Overall Record Year/Month: 1974/09 HOR City, State: Pittsburg, PA Current ENL Date: 981211 Current ENL Term: 08 Years ????? Current ENL Service: 01 Yrs, 08Mos, 05Days ????? Total Service: 07 Yrs, 11Mos, 18Days ????? Previous Discharges: USMC-920827-960826/HD USMCR-960827-981210/NA (Concurrent Service) Highest Grade: E4 Performance Ratings Available: Yes No MOS: 44C10/Financial Management Tech GT: NIF EDU: HS Grad Overseas: None Combat: None Decorations/Awards: AGCM, NDSM-2, AFEM, GWOTEM, GWOTSM, AFRM w "M" Device, ASR, OSR, NSSDR-2, MUC V. Post-Discharge Activity Post Service Accomplishments: Records show that the applicant served in Southwest Asia in support of Operation Iraqi Freedom (050115-060112) and attained the rank of SGT. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The applicant’s record is void of the complete facts and circumstances concerning the events that led to his release from his current assignment in the United States Army Reserve and reassigned to the United States Army Reserve Control Group (Reinforcement), St. Louis, MO. On 20 August 2001, DA, HQ, 99th Regional Support Group Command, Oakdale, Pa, Orders 01-232-020, assigned the applicant to the United States Army Reserve Control Group (Reinforcement), by reason of unsatisfactory participant, effective date: 15 August 2000. 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 records for the period of enlistment under review, and the issue he submitted, the analyst found several mitigating factors that would merit a change to the applicant's narrative reason for reassignment to the United States Army Reserve Control Group (Reinforcement), from his prior unit of assignment, 339th MC Co HUB, Oakdale, PA, by reason of unsatisfactory participant. The analyst does not condone the applicant’s misconduct; however, the evidence in this case supports a conclusion that the narrative reason for reassignment is too harsh, and as a result it is now inequitable. The analyst found that the overall length and quality of the applicant's service; to include his post service accomplishments (combat service in Kuwait/Iraq), and the circumstances surrounding his reassignment to the United States Army Reserve Control Group (Reinforcement), mitigated the discrediting entry in his service record. Accordingly, the analyst recommends to the Board that the applicant’s narrative reason for reassignment to the United States Army Reserve Control Group (Reinforcement), be changed to Secretarial Authority. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 21 July 2008 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: None Exhibits Submitted: The applicant submitted one page of additional documents in support of his personal appearance hearing. 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 0 No change 0 - Character Change 5 No change 0 - 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 narrative reason for reassignment is too harsh, and as a result it is now inequitable. Accordingly, the Board voted to grant relief in the form of an change of the narrative reason for reassignment to Secretarial Authority. X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: Secretarial Authority under provisions of Chapter 14, AR 135-178. Other: TO: ARBA Support Division-St Louis Date: 21 July 2008 The Army Discharge Review Board, established under the provisions of Section 30, Public Law 346, 78th Congress, 22 June 1944 and codified as Title 10, United States Code, Section 1553, in the case of the applicant named in Part I directs that the ARBA Support Division-St Louis issue a new discharge order to the applicant which reflects the following directed change: ( X ) Change narrative reason for reassignment to Secretarial Authority under provisions of Chapter 14, AR 135-178. RE Code: Grade Restoration: No Yes Grade: NA XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: CHRISTINE U. MARTINSON DATE: 25 July 2008 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20080004614 ______________________________________________________________________ Page 1 of 5 pages