Applicant Name: ????? Application Receipt Date: 2009/01/12 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, "Am trying to make it back in the active duty. I currently have a RE code 4 and was trying to get it changed to a RE code 3 so I could join again. I want to make a change in my life. My step-father passed away and I went to his aide. My unit told me they would take care of the paper work. After he passed away my mom needed me to help her out. So I stayed there and helped my mom out. If I knew that the paper work wasn't done I would of went to a unit near the moms place. I am a really good person and really want to get back in and make a differance in my life. I want to sever my counrty to the best that I can." 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: 010814 Discharge Received: Date: 020313 Chapter: 13 AR: 135-178 Reason: Unsatisfactory Participant RE: SPD: NA Unit/Location: Co A, 1st BN, 161st INF, Kent, WA Time Lost: None Article 15s (Charges/Dates/Punishment): None Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 27 Current ENL Date: 001219 Current ENL Term: 1 Years 4 days Current ENL Service: 1 Yrs, 02Mos, 25Days ????? Total Service: 8 Yrs, 02Mos, 21Days ????? Previous Discharges: USAR 931223-940215/NA ADT 940216-940527/HD USAR 940528-941127/NA RA 941128-971127/HD USAR 971128-001218/NA Highest Grade: E3 Performance Ratings Available: Yes No MOS: 11B/Infantryman GT: 80 EDU: HS Grad Overseas: Korea Combat: None Decorations/Awards: ASR, NDSM, OSR, NGSR V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: None submitted by the applicant. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 14 August 2001, the unit commander notified the applicant by certified mail that he was being recommended for separation from the National Guard under the provisions of Chapter 13, AR 135-178, by reason of unsatisfactory participant with an under other than honorable conditions discharge. The applicant did not respond within 45 days to the commander's letter in reference to his involuntary separation actions and this waives his rights to an administrative separation hearing. The unit and intermediate commanders subsequently recommended separation from the service. On 13 February 2002, the separation authority reviewed the administrative involuntary separation action and directed that the applicant be discharged with an under other than honorable conditions discharge. b. Legal Basis for Separation: Army Regulation 135-78 govern procedures covering enlisted personnel management of the Army Reserve. Chapter 8 of NGR 600-200 covers, in pertinent part, reasons for discharge and separation of enlisted personnel from the USAR. Paragraph 13-1 of that regulation provides in pertinent part that individuals can be separated for being an unsatisfactory participant. 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: After a careful review of all the applicant’s military records and the issues submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. There was a full consideration of all faithful and honorable service as well as the incidents of unsatisfactory performance. The analyst determined that the applicant’s discharge was appropriate because the quality of the service was not consistent with the Army’s standards for acceptable personal conduct and performance of duty by military personnel. By the unsatisfactory performance, the applicant diminished the quality of service below that meriting a fully honorable characterization of service. Furthermore, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “4.” An RE code of “4” cannot be waived and the applicant is no longer eligible for reenlistment. Therefore, the analyst determined the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 21 October 2009 Location: Washington, DC 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 AR20090001037 ______________________________________________________________________________ Page 1 of 3 pages