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AF | DRB | CY2006 | AR20060016548
Original file (AR20060016548.txt) Auto-classification: Denied
Application Receipt Date: 061129	

Prior Review    Prior Review Date: None

I.  Applicant Request
Request:  Upgrade     Reason Change     RE Code Change    

Issues: See enclosed DD Form 293 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: NIF  Date: NIF
Discharge Received: GD    Date: 921201   
Chapter: 8-27g   NGR: 600-200
Reason: Unsatisfactory Participation
RE: RE-3   SPD: NA
Unit/Location: Co A (S&T), 29th Spt Bn, HIARNG, Honolulu, Hawaii  

Time Lost: None

Article 15s (Charges/Dates/Punishment): None

Court-Martials (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier's Overall Record
DOB:  690711  
Current ENL Date: 910205    Current ENL Term: 8 Years  
Current ENL Service: 01 Yrs, 09Mos, 27Days 
Total Service:  01 Yrs, 09Mos, 27Days 
Previous Discharges: USAR 910221-910802/UNC
Highest Grade: E-2
Performance Ratings Available: Yes    No 
MOS: 63B10/Light Wheel Vehicle Mechanic   GT: NIF   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: ASR, NDSM
V.  Post-Discharge Activity
Home of Record:
Current Address: 
Post Service Accomplishments: None

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The applicant's complete facts and circumstances that led to the applicant's separation from the army are not part of the available records; however the record does contain a properly constituted NGB Form 22 (Report of Separation and Record of Service).  His NGB Form 22 indicates that he was discharged under the provisions of Paragraph 8-27g, 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".  This document identifies the reason and characterization of the discharge and the analyst presumes government regulatory in the discharge process.  The evidence of record further shows that on 4 December 1992, State of Hawaii, Department of Defense, Office of the Adjutant General, Honolulu Hawaii, Orders 233-012, discharged the applicant from the Army National Guard, effective 1 December 1992, with an general under honorable conditions discharge and assigned him to the USAR Control Group (Reinforcement), St Louis, Missouri to complete his statutory obligation.      

      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. 

      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 4 December the State of Hawaii, Department of Defense, Office of the Adjutant General, Honolulu Hawaii, discharged the applicant from the Army National Guard and as a Reserve of the Army, effective 1 December 1992, 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(3), NGR 600-200, by reason of unsatisfactory participant, with a characterization of service of general, under honorable conditions, and a Reenlistment Eligibility Code of RE 3.  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: Records Review			Date: 10 December 2007              
Location: Washington DC

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          No change         - Character
		 			      Change          No change         - Reason
					      (Board member names available upon request)

IX.  Board Discussion, Determination, and Recommendation
     

Case report reviewed and verified by: Gloria Blake, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to:      
Other:      
RE Code:  
Grade Restoration:   No   Yes  Grade:      

XI.  Certification Signature and Date
Approval Authority: 

MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


CHRISTINE U. MARTINSON			DATE:      
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder


ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060016548

Applicant Name:  Mr.         
______________________________________________________________________




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