Applicant Name: Application Receipt Date: 2007/10/03 Prior Review Prior Review Date: None I. Applicant Request 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? Yes No Tender Offer: ????? See Attachments: Legal Medical Minority Opinion Exhibits III. Original Character of Discharge Unit CDR Recommended Discharge: Date: NIF Discharge Received: Date: 961215 Chapter: 8-26.g. AR: NGR 600-200 Reason: Misconduct- Unsatisfactory Participation RE: SPD: NA Unit/Location: C Co (Med), 328th SPT Bn (FSB), Lancaster, PA Time Lost: NIF Article 15s (Charges/Dates/Punishment): NIF Court-Martials (Charges/Dates/Punishment): NIF Counseling Records Available: Yes No IV. Soldier’s Overall Record Year/Month: 6412 HOR City, State: NIF Current ENL Date: 910123 Current ENL Term: 7 Years Applicant enlisted for 1 year and on 920122 extended her enlistment for another 6 years. Her new ETS is 980222. Current ENL Service: 05 Yrs, 10 Mos, 23Days ????? Total Service: 11 Yrs, 10 Mos, 25Days ????? Previous Discharges: USAR 820830-880831 / HD RFAD 830310-831021 / HD USAR 880820-910122 / NA Highest Grade: E4 Performance Ratings Available: Yes No MOS: 91A10 Medical Specialist GT: 91 EDU: GED Overseas: None Combat: None Decorations/Awards: AAM / ASR / NDSM / TJSM V. Post-Discharge Activity Post Service Accomplishments: Applicant states she is enrolled in medical school but does not provide any supporting documents. 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 her discharge from the Army. The record indicates that on 10 December 1996, Department of Military Affairs, The Adjutant General, Annville, PA, Orders 237-034, discharged the applicant from the Army National Guard and as a reserve of the Army, effective 15 December 1996, with a general, under honorable conditions discharge. The record contains a properly constituted NGB Form 22 (Report of Separation and Record of Service). It indicates that the applicant was discharged under the provisions of Paragraph 8-26g, NGR 600-200, by reason of unsatisfactory participation, with a characterization of service of general, under honorable conditions, and a reenlistment eligibility (RE) code of "3." b. Legal Basis for Separation: National Guard Regulation (NGR) 600-200 and Army Regulation 135-91 govern procedures covering enlisted personnel management of the Army National Guard. Chapter 8 of NGR 600-200 covers, in pertinent part, reasons for discharge and separation of enlisted personnel from the State Army Reserve National Guard. Paragraph 8-27(g) 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 available records for the period of enlistment under review, and the issue she 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 10 December 1996, Commonwealth of Pennsylvania, Department of Military Affairs, The Adjutant General, Annville, PA, discharged the applicant from the Army National Guard and as a Reserve of the Army, effective 15 December 1996, with a general, under honorable conditions discharge. The record contains a properly constituted NGB Form 22 (Report of Separation and Record of Service). It indicates that the applicant was discharged under the provisions of Paragraph 8-26g, NGR 600-200, by reason of unsatisfactory participation, with a characterization of service of general, under honorable conditions, and a Reenlistment Eligibility Code of RE 3. The analyst noted the applicant’s issue and found no evidence of arbitrary or capricious actions by the command. 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, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.” If the applicant desires to reenlist, she should contact the local recruiter to determine her eligibility to reenlist. Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes. 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: 1 August 2008 Location: Washington D.C. Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA VIII. Board Decision The discharge was: Proper Improper Equitable Inequitable The characterization of service was: Proper Improper Equitable Inequitable The narrative reasons were: Equitable Inequitable DRB voting record: Change 1 No change 4 - Character Change 0 No change 5 - Reason (Board member names available upon request) IX. 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. X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: CHRISTINE U. MARTINSON DATE: 4 August 2008 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20070013834 ______________________________________________________________________ Page 1 of 4 pages