Applicant Name:  ?????

Application Receipt Date: 2009/05/22	Prior Review:     Prior Review Date: 081222, Deny 3/2    

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: 050716   Chapter: NIF    AR: 135-178
Reason: NIF	   RE:     SPD: NIF   Unit/Location: 81st RRC (TTHS Account), Birminghan, AL 

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:  24
Current ENL Date: 990326    Current ENL Term: 8 Years  ?????
Current ENL Service: 	2 Yrs, 01Mos, 20Days ?????
Total Service:  		4 Yrs, 01Mos, 20Days ?????
Previous Discharges: 	IADT 990922-000420/NIF
                                        RA 021208-030615/HD
Highest Grade: E5		Performance Ratings Available: Yes    No 
MOS: 91S Preventive Medical Spc   GT: NIF   EDU: HS Grad   Overseas: NIF   Combat: Iraq (021123-030522)
Decorations/Awards: ARCOM, NDSM, GWOTEM, AFRMw/M Device, GTOWSM, ARCAM, ASR

V.  Post-Discharge Activity
City, State:  Jupiter, FL
Post Service Accomplishments: None provided

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 United States Army Reserve.  The record indicates that on 16 June 2005, Department of the Army, Headquarters, 81st Regional Readiness Command, Birmingham, AL  35209, Orders 05-167-00009, discharged the applicant from the United States Army Reserve, effective 16 July 2005, with an under honorable conditions (general) discharge.  The authority paragraph of the said order cites AR 135-178.

       b.  Legal Basis for Separation:  
       Army Regulation 135-178 sets forth the basic authority for the separation of enlisted personnel of the U.S. Army Reserve.
       

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s available records for the period of enlistment under review, and the issue he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  
       The facts and circumstances pertaining to the applicant’s discharge are not contained in the available records.  On 16 June 2005, Department of the Army, Headquarters, 81st Regional Readiness Command, Birmingham, AL  35209, Orders 05-167-00009, discharged the applicant from the United States Army Reserve, effective 16 July 2005, with a general, under honorable conditions discharge.  
       The applicant's contentions were carefully considered.  However, the analyst is unable to determine whether his contentions have merit because the facts and circumstances leading to the discharge are unknown.  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.  If the applicant desires a personal appearance hearing, it will still be his responsibility to meet the burden of proof since the evidence is not available in the official record.
       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: 23 April 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: None

VIII.  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 characterization of service was too harsh based on the applicant’s length and quality of his service to include his combat service and as a result, it is inequitable.  Accordingly, the Board voted to grant relief by changing the characterization of service to fully honorable.  The Board determined that the reason for discharge was both proper and equitable and voted not to change it. 
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 3    No change 2
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 AR20090009146
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