Applicant Name: ????? Application Receipt Date: 2008/05/07 Prior Review: Prior Review Date: NA I. Applicant 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? Tender Offer: NA See Attachments: Legal Medical Minority Opinion Exhibits III. Discharge Under Review Unit CDR Recommended Discharge: Date: 070222 Discharge Received: Date: 070615 Chapter: 13 AR: 135-178 Reason: Unsatisfactory Participation in the Ready Reserve RE: SPD: NIF Unit/Location: C Co, 458th EN Bn, New Kensington, PA 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: 17 Current ENL Date: 030422 Current ENL Term: 8 Years ????? Current ENL Service: 04 Yrs, 01Mos, 24Days ????? Total Service: 05 Yrs, 06Mos, 25Days the analyst utilized applicant's enlistment contract, separation order and DD Form 214 for computation of period of enlistment under review and total service. Previous Discharges: ADT-030605-030814/NA USAR-030815-040714/NA ADT-040715-040922/HD (Concurrent Service) Highest Grade: E-3 Performance Ratings Available: Yes No MOS: 21E10 Heavy Construction Equipment Operator GT: NIF EDU: 10 Years Overseas: NIF Combat: NIF Decorations/Awards: ASR V. Post-Discharge Activity City, State: Monaca, PA 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 a discharge from the United States Army Reserve. However, the evidence of record does show that On 22 February 2007, the unit commander recommended approval of the separation action with an under other than honorable conditions discharge. On 15 June 2007, DA, HQ, 99th Regional Readiness Command, Coraopolis, Pennsylvania, issued Orders 07-166-00017, which discharged the applicant from the United States Army Reserve, effective date: 15 June 2007, with an under other than honorable conditions discharge. The applicant was to be reduced to the lowest enlisted rank. 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 during the period of enlistment under review, the issues and documents he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. 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 15 June 2007, DA, HQ, 99th Regional Readiness Command, Coraopolis, Pennsylvania, issued Orders 07-166-00017, which discharged the applicant from the United States Army Reserve, effective date: 15 June 2007, 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. Furthermore, the analyst noted the applicant’s issue and determined that the applicant had many legitimate avenues through which to obtain assistance or relief, without committing the misconduct, which led to the separation action under review. Further, the analyst found that the medical documentation submitted with his application did not overcome the reason for discharge and characterization of service granted. Finally, the analyst determined that the applicant’s Official Military Personnel File (OMPF) does not contain the specific documents that would indicate the reason for his separation from the United States Army Reserve. If the applicant desires to appear before a personal appearance Board, 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. In view of the foregoing, the analyst determined that 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: 25 February 2009 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA 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 analyst’s recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted to deny relief. IX. Board Decision XI. Certification Signature Board Vote: Approval Authority: Character - Change 0 No change 5 Reason - Change 0 No change 5 (Board member names available upon request) EDGAR J. YANGER Colonel, U.S. Army X. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: NA RE Code: Grade Restoration: No Yes Grade: None ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20080007470 ______________________________________________________________________________ Page 1 of 3 pages