Applicant Name:  ?????

Application Receipt Date: 2008/12/08	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 and attached documents submitted by the applicant.

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: NIF
Discharge Received: 			   Date: 060419   Chapter: NIF      AR: 135-178
Reason: Not in File	   RE:     SPD: NIF   Unit/Location: 814th MP Co, Arlington Heights, IL 

Time Lost: None

Article 15s (Charges/Dates/Punishment): NIF

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  22
Current ENL Date: 040321    Current ENL Term: NIF Years  ?????
Current ENL Service: 	02 Yrs, 00Mos, 28Days ?????
Total Service:  		05 Yrs, 10Mos, 09Days ?????
Previous Discharges: 	USAR 000203-021226
                                            RA 021227-040320/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 31B10/Military Policeman   GT: NIF   EDU: NIF   Overseas: SWA   Combat: Kuwait/Iraq (030206-040204)
Decorations/Awards: ARCOM, NDSM, AFRM W/M, ASR, ARCOTR, OSB (2)

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None listed by the applicant.














VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence shows the applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army Reserve.  However, the record does contain Orders 06-079-00050, dated 20 March 2006, DA HQS, 88th Regional Readiness Command, Fort Snelling, MN, which discharged the applicant from the Army Reserve, effective 19 April 2006, 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.  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:  
       The applicant’s record is void of the specific facts and circumstances concerning the events that led to the former Soldier’s discharge from the United States Army Reserve.  However, the applicant’s record does contain a properly constituted orders 06-079-00050, DA HQ, 88th Regional Readiness Command, Fort Snelling, MN, dated 20 March 2006, which discharged the applicant from the Army Reserve effective 19 April 2006, with a general, under honorable conditions discharge.  Although all the facts and circumstances pertaining to the applicant’s discharge are not contained in the available records and the analyst presumed government regularity in the discharge process.  The analyst found no evidence of arbitrary or capricious actions by the command.  The analyst noted the applicant's issue; however, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  Futhermore, the analyst determined that the applicant’s Official Military Personnel File (OMPF) does not contain all the specific documents that would indicate the reason for the separation action from the United States Army.  If the applicant desires to appear before a personal appearance Board, the burden of proof remains with the former Soldier to provide the appropriate documents or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board’s consideration.  Therefore, the analyst determined that the reason for discharge and the characterization of service remains both proper and equitable and recommends to the Board to deny relief.
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 30 September 2009         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA

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 0    No change 5
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: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090000678
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