Application Receipt Date: 060320 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See applicant's attached DD Form 293 and supporting 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: 041109 Chapter: 13 AR: 135-178 Reason: Unsatisfactory Participation RE: SPD: NIF Unit/Location: 1st Brigade, 1st Battalion, 354th Regiment, Detachment 2, Tulsa, OK Time Lost: None Article 15s (Charges/Dates/Punishment): None Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 780521 Current ENL Date: 030507 Current ENL Term: NIF Years ????? Current ENL Service: 01 Yrs, 06Mos, 03Days ????? Total Service: 05 Yrs, 07Mos, 05Days (This total is based on information taken from the applicant's orders releasing him from the USAR Control Group 6 May 2003) Previous Discharges: USAR-971002-030506/Concurrent Service Highest Grade: E2 Performance Ratings Available: Yes No MOS: NIF GT: NIF EDU: NIF Overseas: NIF Combat: NIF Decorations/Awards: NIF V. Post-Discharge Activity Home of Record: NIF Current Address: Post Service Accomplishments: Applicant states he has finished college and would like to devote his time to the National Guard. 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. The evidence of record shows that on 9 November 2004, Orders 04-314-00004, DA, HQ, 95th Division (Institutional Training), Oklahoma City, Oklahoma, reduced the applicant from PV2 to PV1, effective date: 9 November 2004 and discharged the applicant from the United States Army Reserve, effective date: 9 November 2004, with an under other than 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, the issue 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 Army. However, the applicant’s record does contain order No. 04-314-00004, from Department of Army, Headquarters, 95th Division (Institutional Training), Oklahoma City, Oklahoma, dated 9 November 2004, discharging him from the United States Army Reserve. However, barring evidence to the contrary, the analyst presumes Government regularity in the discharge process. 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 reason for discharge and the characterization of service remains both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 070214 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 characterization of service was too harsh, and as a result it is inequitable based on the circumstances surrounding his discharge. Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to general, under honorable conditions. The Board determined that the reason for discharge was both proper and equitable, and voted not to change it. Case report reviewed and verified by: Eric S. Moore, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: TO: ARBA Support Division-St Louis Date: 14 February 2007 The Army Discharge Review board, established under the provisions of Section 30, Public Law 346, 78th Congress, 22 June 1944 and codified as Title 10, United States Code, Section 1553, in the case of the applicant named in Part 1 directs that the ARBA Support Division-St Louis issue a new discharge order to the applicant which reflects the following directed changes: (X) Change characterization of discharge to General, Under Honorable Conditions. (X) Other (see remarks below). Remarks: This action entails issuing a new order discharging the applicant from the Reserve of the Army with an General, Under Honorable Conditions characterization of service. RE Code: Grade Restoration: No Yes Grade: NA XI. Certification Signature and Date Approval Authority: ROBERT L. HOUSE Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 070216 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060004107 Applicant Name: Mr. ______________________________________________________________________ Page 3 of 5 pages