Application Receipt Date: 060420 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 and attached 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: 980428 Chapter: 13 AR: 135-178 Reason: NIF RE: SPD: NIF Unit/Location: U.S. Army Reserve Control Group (Reinf) ST. Louis, MO 63132 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: 510722 Current ENL Date: 950213 Current ENL Term: 3 Years ext 6 years (810217) Current ENL Service: 3 Yrs, 02 Mos, 16 Days ????? Total Service: 23 Yrs, 01 Mos, 09 Days ????? Previous Discharges: ARNG-750320-750529/NA ADT-750530-7509229/HD ARNG-750930-840901/HD USARCG-840902-890224/NA USAR (School)- 890225-900319/NA USAR-900320-910108/HD Highest Grade: E6 Performance Ratings Available: Yes No MOS: 95B30 Military Policeman GT: 125 EDU: 3 Years College Overseas: None Combat: None Decorations/Awards: ARCAM (1), HSM, NCOPDR /3, ASR V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: None Listed 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 28 April 1998, Orders D-04-830409, DA, U.S. Army Reserve Personnel Command, ST. Louis, MO, discharged the applicant from the United States Army Reserve, effective date: 28 April 1998, with a fully honorable discharge. The applicant's DD Form 256 shows the applicant was honorably discharged from the U.S. Army Reserve. 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 issues 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. Furthermore, the applicant believes he received a general, under honorable conditions discharge upon separation. The evidence of record shows that the applicant was discharged from the United States Army Reserve with a fully honorable discharge and was issued a DD Form 256 which reflects an honorably characterization of service from the U.S. Army Reserve. 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. Additionally, the analyst noted the applicant's issues, however, said issues does not fall within the purview of this Board. The applicant may apply to the ABCMR regarding these matters. An application (DD Form 149) for that Board is enclosed. Therefore, the analyst determined that the narrative 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: 061106 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: No Witnesses/Observers: No Exhibits Submitted: None 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, hearing his testimony, 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. (See response to issues, recommendation, and rationale.) 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: ESMERALDA G. PROCTOR DATE: 070119 Colonel, U.S. Army Chief, Secretary Recorder CORRECTED COPY ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060005697 Applicant Name: Mr. ______________________________________________________________________ Page 5 of 5 pages CORRECTED COPY