Applicant Name: ????? Application Receipt Date: 2011/12/08 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that he requests an upgrade of his discharge to general, under honorable conditions or fully honorable. He contends his unit disbanded and he was not receiving any support to remain productive after redeploying from Iraq. 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: 070521 Discharge Received: Date: 070813 Chapter: 13 AR: 135-178 Reason: Unsatisfactory Participation RE: SPD: NA Unit/Location: HQS, 89th Regional Readiness Command, Wichita, KS 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: 17 Current ENL Date: 020207 Current ENL Term: 08 Years ????? Current ENL Service: 05 Yrs, 06 Mos, 07 Days ????? Total Service: 05 Yrs, 06 Mos, 07 Days ????? Previous Discharges: USAR-020208-040124/NA AD-040125-050423/HD USAR-050424-070813/UOTH Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 63B10 Light Wheel Vehicle Mechanic GT: NIF EDU: 11 Years Overseas: Southwest Asia Combat: Iraq (040326-050326) Decorations/Awards: AAM, NDSM, GWOTEM, GWOTSM, AFRM-W/"M" DEV, ASR V. Post-Discharge Activity City, State: Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 21 May 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 13, AR 135-138, by reason of unsatisfactory participation for failing to attend Annual Training 4-6 May 2007, with an under other than honorable conditions discharge. He was advised of his rights. The applicant's record contains his election of rights and a conditional waiver request; however, they are unexecuted and unsigned. The separation approving authority's documentation is not contained in the available records and the analyst presumed government regularity in the discharge process. On 13 August 2007, DA, HQS, 89th Regional Readiness Command, Wichita, KS, Orders 07-225-00055, discharged the applicant from the United States Army Reserve, effective date: 13 August 2007, with an under other than honorable conditions discharge. The applicant was to be reduced to the lowest enlisted rank. b. Legal Basis for Separation: Army Regulation 135-178, governs procedures covering enlisted personnel management of the Army Reserve. Chapter 13 of the 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 and attempts to have the Soldier respond or comply with orders or correspondence have resulted in— the Soldier’s refusal to comply with orders or correspondence; or a notice sent by certified mail was refused, unclaimed, or otherwise undeliverable; or verification that the Soldier has failed to notify the command of a change of address and reasonable attempts to contact the Soldier have failed. Discharge action may be taken when the Soldier cannot be located or is absent in the hands of civil authorities in accordance with the provisions of AR 135-91, paragraph 2-18, and Chapter 3, section IV, of AR 135–178. Army policy states that an under other than honorable conditions discharge is normally considered appropriate; however, 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, the issues and documents submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. All the facts and circumstances pertaining to the applicant’s discharge from the United States Army Reserve are not contained in the available records. On 13 August 2007, DA, HQS, 89th Regional Readiness Command, Wichita, KS, Orders 07-225-00055, discharged the applicant from the United States Army Reserve, 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. By the applicant's failure to perform to standards diminished the quality of his service below that meriting a general, under honorable conditions or a fully honorable discharge. The applicant contends his unit disbanded and he was not receiving any support to remain productive after redeploying from Iraq. The analyst is unable to determine whether his contention has 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, based on the available evidence, the analyst presumes government regularity in the discharge process and concludes that based on the discharge orders, the characterization of service was both proper and equitable and recommends to the Board to deny relief. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 8 June 2012 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: DD Form 293, dated (111205); AR 135-178, Chapter 13 Discharge Packet, eleven (11) pages, dated, (070521); DD Form 214, dated (050423); Memorandum, Annual Training 4-6 May 2007, dated (070327); and two (2) Active Duty Orders 000850, dated (100323), 04-023-00078, two (2) pages, dated (040123). 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 Board Vote: Character - Change 0 No change 5 Reason - Change 0 No change 5 (Board member names available upon request) X. Board Action Directed Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: NA RE Code: Grade Restoration: No Yes Grade: None XI. Certification Signature Approval Authority: ARCHIE L. DAVIS III Colonel, U.S. Army President, Army Discharge Review Board BONITA E. TROTMAN Lieutenant Colonel, U. S. Army Secretary Recorder ????? Legend: AWOL Absent Without Leave GCM General Court Martial NA Not applicable SCM Summary Court Martial BCD Bad Conduct Discharge GD General Discharge NIF Not in the file SPCM Special Court Martial CG Company Grade Article 15 HD Honorable Discharge OAD Ordered to Active Duty UNC Uncharacterized Discharge DD Dishonorable Discharge HS High School Graduate OMPF Official Military Personnel File UOTH Under Other Than Honorable FG Field Grade Article 15 IADT Initial Active Duty Training RE Reentry Code Conditions ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20110024326 ______________________________________________________________________________ Page 3 of 3 pages