Application Receipt Date: 060223 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 and attached documents. 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: 050815 Chapter: 13 AR: 135-178 Reason: Unsatisfactory Participation RE: SPD: NIF Unit/Location: Company M 158th Avn Reg (Corps) Fort Hood, TX 76544 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 DOB: 701021 Current ENL Date: 010830 Current ENL Term: 8 Years ????? Current ENL Service: 03 Yrs, 11 Mos, 16 Days ????? Total Service: 03 Yrs, 11 Mos, 16 Days ????? Previous Discharges: IADT-010917-020419/HD Highest Grade: E4 Performance Ratings Available: Yes No MOS: 68B10 Acft Powerplant Repr GT: NIF EDU: HS Grad Overseas: NIF Combat: NIF Decorations/Awards: ASR, ACCBDGE V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: The applicant submitted documentation indicating he was a cadet in the A-2006 MCCC Law Enforcement Academy. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The specific facts and circumstances leading to the applicant’s discharge from the United States Army Reserve are not contained in the available records. The evidence of record shows that on 15 August 2005, Orders 05-227-00018, DA, HQ, U.S. Army Reserve Command, Fort McPherson, GA, discharged the applicant from the United States Army Reserve, effective date: 15 August 2005, with a general, under honorable conditions discharge. b. Legal Basis for Separation: 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. Paragraph 1-18b(3) of that regulation provides, in pertinent part, that individuals who are separated for being unsatisfactory participants will be processed for discharge under the provision of AR 135-178, Chapter 13. An enlisted member separated for misconduct which includes unsatisfactory participation will normally be furnished a characterization of service of under other than honorable conditions in accordance with Army Regulation 135-178. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s available military records for the period of enlistment under review, the issue and documents he submitted, the analyst recommends that relief be denied in this case. 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 evidence of record shows that on 15 August 2005, Orders 05-227-00018, DA, HQ, U.S. Army Reserve Command, Fort McPherson, GA, discharged the applicant from the United States Army Reserve, effective date: 15 August 2005, with a general, under honorable conditions discharge. This document (Orders 05-227-00018), identifies the characterization of the discharge and the analyst presumed Government regularity in the discharge process. The analyst noted the applicant’s contentions; however, the evidence was not sufficiently mitigating to warrant an upgrade of the discharge under review. 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. Therefore, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 070117 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA 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 No change (Character) Change No change (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 discharge was both proper and equitable and voted not to change it. Case report reviewed and verified by: Mr. Kenneth McFarley, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: None Other: NA RE Code: Grade Restoration: No Yes Grade: None XI. Certification Signature and Date Approval Authority: ROBERT L. HOUSE Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 070119 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060002659 Applicant Name: Mr. ______________________________________________________________________ Page 5 of 5 pages