Applicant Name: ????? Application Receipt Date: 2010/04/05 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that he requests an upgrade of his discharge to general, under honorable conditions or a fully honorable discharge. He desires that his rank of SPC/E-4 be restored and readmitted back in the service. He contends that the decision was too rigorous for his wrong acts. 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: 080414 Discharge Received: Date: 080611 Chapter: 13 AR: 135-178 Reason: Unsatisfactory Participation RE: SPD: NA Unit/Location: 280th CS Center, APO AE 09058-0418 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: 20 Current ENL Date: 070116 Current ENL Term: 00 Years 00 Current ENL Service: 01 Yrs, 04 Mos, 26 Days ????? Total Service: 06 Yrs, 02 Mos, 09 Days The analyst utilized the applicant's enlistment contract, DD Form 214 and separation orders for computing the period of enlistment under review and the total service. Previous Discharges: RA-020403-050402/HD USARCG-050403-070115/NA Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 13B10 Cannon Crewmember GT: NIF EDU: HS Grad Overseas: None Combat: None Decorations/Awards: ARCOM-W/"V" DEV, NDSM, GWOTEM, GWOTSM, ASR, OSR, OSB, PUC (All Prior Service); ARCOTR, AAM, V. Post-Discharge Activity City, State: Fairview, NJ Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 14 April 2008, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 13, AR 135-138, by reason of unsatisfactory participation, with a general, under honorable conditions discharge. He was advised of his rights. The applicant's acknowledgement of notification of separation memorandum and his election of rights are contained in the available record. However, they are unsigned and the analyst presumed government regularity in the discharge process. On 11 June 2008, the separation authority approved the separation action and directed the applicant's discharge 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 135-78 govern procedures covering enlisted personnel management of the Army Reserve. Paragraph 13-1 of that regulation provides in pertinent part that individuals can be separated for being an unsatisfactory participant. Army Regulation 135-91 states that a member is an unsatisfactory participant when nine or more unexcused absences from scheduled drills occur during a 1 year period. Army policy states that an under other than honorable conditions discharge is normally considered appropriate, but a general discharge 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 military records during the period of enlistment under review, the issues and documents submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. There was a full consideration of all faithful and honorable service as well as the incidents of unsatisfactory participation. The analyst determined that the applicant’s discharge was appropriate because the quality of his service was not consistent with the Army’s standards for acceptable personal conduct and performance of duty by military personnel. By his unsatisfactory participation, the applicant diminished the quality of his service below that meriting a general, under honorable conditions or a fully honorable characterization of service. The applicant contends that the decision was too rigorous for his wrong acts. The analyst found no evidence of arbitrary or capricious actions by the command. 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 applicant further contends that he desires that his rank of SPC/E-4 be restored and he be readmitted back in the service. AR 600-8-19, states that when the separation authority determines that a Soldier is to be discharged from the service under other than honorable conditions, the Soldier will be reduced to the lowest enlisted grade. No further board action is required for this reduction. Further, 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 and recommends to the Board to deny relief. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 5 January 2010 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: DD Form 149, dated (100202); Discharge Orders 08-169-00002, dated (080617); Memorandum, Notification of Separation Proceedings, three pages, dated (080414); Memorandum, Acknowledgement of Notification of Separation Proceedings, three pages, dated (080414). 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 2 No change 3 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 Legend: AWOL Absent Without Leave GCM General Court Martial NA Not applicable SCM Summary Court Martial BCD Bad Conduct Discharge GD General Discharge NIF Not in the file SPCM Special Court Martial CG Company Grade Article 15 HD Honorable Discharge OAD Ordered to Active Duty UNC Uncharacterized Discharge DD Dishonorable Discharge HS High School Graduate OMPF Official Military Personnel File UOTH Under Other Than Honorable FG Field Grade Article 15 IADT Initial Active Duty Training RE Reentry Code Conditions ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20100012493 ______________________________________________________________________________ Page 3 of 3 pages