Applicant Name: Application Receipt Date: 2009/03/06 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 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: NIF Date: NIF Discharge Received: Date: 051022 Chapter: 1-18b(3) AR: 135-178 Reason: NIF RE: SPD: NA Unit/Location: 81st RRC TTHS Account, Birmingham, AL 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: 28 Current ENL Date: 030908 Current ENL Term: 3 Years ????? Current ENL Service: 2 Yrs, 01Mos, 14Days ????? Total Service: 12 Yrs, 06Mos, 06Days ????? Previous Discharges: USAR 930428-941014/UNC IADT 930804-931111/HD USAR 931112-980318/NA RA 980319-030406/HD USAR 010318-030406/NA Highest Grade: E5 Performance Ratings Available: Yes No MOS: 11B/Infantryman GT: 88 EDU: GED Overseas: None Combat: None Decorations/Awards: AFSR, AAMx2, NATO MDL, AGCM, NDSM, ASR V. Post-Discharge Activity City, State: High Point, NC Post Service Accomplishments: None submitted by the applicant. 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 that led to his discharge from the United States Army Reserve. The record indicates that on 22 September 2005, Department of the Army, Headquarters, 81st Regional Readiness Command, Birmingham, AL, Orders 05-265-00074, discharged the applicant from the United States Army Reserve, effective 22 October 2005, with an under other than honorable conditions discharge and reduced from E5 to E1. b. Legal Basis for Separation: Army Regulation 135-178 sets forth the basic authority for the separation of enlisted personnel from the United States Army Reserve. Chapter 12 of this regulation establishes policy and prescribes procedures for separating members for misconduct. 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. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed. Army policy states that an under other than honorable conditions discharge is normally considered appropriate; however, a general, 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 records for the period of enlistment under review, and the issue and documents submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. On 22 September 2005, DA HQS, 81th Regional Readiness Command, Birmingham, AL, discharged the applicant from the Army Reserve, effective 22 October 2005, 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 analyst noted the applicant's issues and determined that the applicant’s Official Military Personnel File (OMPF) does not contain all the specific documents that would indicate the reason for the separation action from the United States Army. 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. Therefore, the analyst determined that the reason for discharge and the characterization of service remains both proper and equitable and recommends to the Board to deny relief. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 2 November 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 1 No change 4 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: NA ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20090004901 ______________________________________________________________________________ Page 1 of 2 pages