Application Receipt Date: 060323 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: The applicant stated, "I was transferred to the 81st RRC after discharge from active duty in Iraq on the REFRAD order and discharged [ with reason ] physical condition not a disability. Took separation physical on 05/01/05 per request from 81st RRC. Was recommended for PEB by Command Surgeon, records were never put before board. In accordance to 81st RRC the discharge was for non participation. Want Board to refer my records to the PEB as requested by Command Surgeon in July 2005." 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: 050824 Chapter: 13 AR: 135-178 Reason: Unsatisfactory Participation RE: SPD: None Unit/Location: 81st RRC TTHS (W8B050), Birmingham AL 35209-6383 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: 680722 Current ENL Date: 990216 Current ENL Term: 8 Years ????? Current ENL Service: 6 Yrs, 6 Mos, 9 Days ????? Total Service: 6 Yrs, 6 Mos, 9 Days ????? Previous Discharges: None Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 45G10, GT: 111 EDU: GED Overseas: Southwest Asia Combat: NIF Decorations/Awards: NIF V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: None were submitted. 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. However, the evidence of record shows that on 24 August 2005, Orders 05-236-00107, Department of Army, Headquarters, 81st Regional Readiness Command, 255 West Oxmoor Road, Birmington, AL discharged the applicant from the United States Army Reserve, effective date: 24 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 she 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 her discharge from the United States Army Reserve. The evidence of record shows that on 24 August 2005, Orders 05-235-00107, Department of Army, Headquarters, 81st Regional Readiness Command, 255 West Oxmoor Road, Birmington, AL, discharged the applicant from the United States Army Reserve, effective date: 24 August 2005, with a general, under honorable conditions discharge. This document (Orders 05-236-00107), 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: 28 March 2007 Location: Washington, D.C. Did the Applicant Testify? Yes No Counsel: N/A Witnesses/Observers: N/A Exhibits Submitted: N/A 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. John Zangas, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: None Other: None RE Code: Grade Restoration: No Yes Grade: None XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 2 April 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060004117 Applicant Name: ______________________________________________________________________ Page 5 of 5 pages