Applicant Name:  ?????

Application Receipt Date: 2009/03/24	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 and supporting 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: NIF
Discharge Received: 			   Date: 061106   Chapter: NIF      AR: 135-178
Reason: NIF	   RE:     SPD: NIF   Unit/Location: 619th TC CO, Med Trk, Auburn, ME 

Time Lost: None

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:  19
Current ENL Date: 010613    Current ENL Term: 8 Years  ?????
Current ENL Service: 	5 Yrs, 04Mos, 24Days ?????
Total Service:  		6 Yrs, 05Mos, 15Days ?????
Previous Discharges: 	USAR 000522-000814/UNC
Highest Grade: E5		Performance Ratings Available: Yes    No 
MOS: 88M20 Motor Transport Op   GT: NIF   EDU: HS Grad   Overseas: NIF   Combat: NIF
Decorations/Awards: ARCAM

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

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 Army Reserve.  The record indicates that on 6 November 2006, DA HQS, 94th Regional Readiness Command, Devens, MA, Orders number 06-310-00006, discharged the applicant from the Army Reserve, effective 6 November 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.  

       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 6 November 2006, DA HQS, 94th Regional Readiness Command, Devens, MA, Orders number 06-310-00006, discharged the applicant from the Army Reserve, effective 6 November 2006, with a general, under 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 applicant's contentions were carefully considered.  However, the analyst is unable to determine whether his contentions have 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, 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: 14 April 2010         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: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090007381
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