Applicant Name: ????? Application Receipt Date: 2009/05/04 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 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: 050630 Chapter: NIF AR: 135-178 Reason: NIF RE: SPD: NIF Unit/Location: 18th MC HSP Fld Hosp Base, Virginia Beach, VA Time Lost: NIF Article 15s (Charges/Dates/Punishment): NIF Courts-Martial (Charges/Dates/Punishment): NIF Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 19 Current ENL Date: NIF Current ENL Term: NIF Years ????? Current ENL Service: 00 Yrs, 00Mos, 00Days Orders showing when the applicant was released from the USARCG and assigned to a unit were not found in the available records. Total Service: 04 Yrs, 05Mos, 00Days ????? Previous Discharges: USAR-010131-010623/NA ADT-010624-010810/NA USAR-010811-020923/NA USARCG-020924-000000/NA (Concurrent Service) Highest Grade: E4 Performance Ratings Available: Yes No MOS: 88M10/Motor Transport Operator GT: NIF EDU: HS Grad Overseas: NIF Combat: NIF Decorations/Awards: ASR V. Post-Discharge Activity City, State: Chesapeake, VA Post Service Accomplishments: None Listed 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. However, on 21 June 2005, DA, HQ, 99th Regional Readiness Command, Coraopolis, PA, Orders 05-172-00029, discharged the applicant from the United States Army Reserve, effective date: 30 June 2005, with an under other than honorable conditions discharge. b. Legal Basis for Separation: Army Regulation 135-178 (Separation of Enlisted Personnel) provides for the separation of enlisted personnel from the United States Army Reserve. Chapter 13 of AR 135-178 covers, in pertinent part, discharge and separation of enlisted personnel for misconduct due to unsatisfactory participation. 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 available military records during the period of enlistment under review and the issues he submitted with the application, 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 a discharge from the United States Army Reserve. However, on 21 June 2005, DA, HQ, 99th Regional Readiness Command, Coraopolis, PA, Orders 05-172-00029, discharged the applicant from the United States Army Reserve, effective date: 30 June 2005, with an under other than honorable conditions discharge. This document identifies the characterization of the discharge and the analyst presumed government regularity in the discharge process. 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. Furthermore, the analyst noted the applicant issues; however, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities. Further, 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 Reserve. 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. In view of the foregoing, the analyst determined that 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: 29 January 2010 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: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20090008843 ______________________________________________________________________________ Page 1 of 3 pages