Application Receipt Date: 051230
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293.
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: 050725
Discharge Received: Date: 050719
Chapter: 8-26g(2) AR: NGR 600-200
Reason: Erroneous Enlistment or Extension
RE: SPD: N/A
Unit/Location:
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: 841119
Current ENL Date: 040420 Current ENL Term: 5 Years 4 Months and 7 days.
Current ENL Service: 1 Yrs, 3 Mos, 0 Days
Total Service: 1 Yrs, 7 Mos, 7 Days
Previous Discharges: RA 030722-031031/UNCH
Highest Grade: E2
Performance Ratings Available: Yes No
MOS: 92G10, Food Service Specialist GT: 97 EDU: HS Grad Overseas:
None Combat: None
Decorations/Awards: None
V. Post-Discharge Activity
Home of Record:
Current Address: Post Service Accomplishments: None submitted
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The specific facts and circumstances leading to the applicant’s
discharge are not contained in the available records. However, the
evidence of record contains 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 Chapter 8-26g(2), NGR 600-200, erroneous
enlistment or extension, with service characterized as Honorable, and a re-
entry eligibility (RE) code of '3'. The evidence of record also shows that
on 21 July 2005, the Commander, HHC 250th MI Battalion (TE), 153 Madison
Avenue, San Rafael, California 94903, requested through Commander HHC 223rd
MI Battalion, 100 Armory Drive, San Francisco, CA 94132, that the applicant
was to be discharged from his unit in the California National Guard,
effective date: 19 July 2005.
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 8-26q (2) of that regulation
provides in pertinent part that individuals can be separated for erroneous
enlistment or extension.
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 applicant’s record is void of the specific
facts and circumstances concerning the events that led to his discharge
from the Army. However, the applicant’s record does contain a properly
constituted NGB Form 22 (Report of Separation and Record of Service). This
document identifies the reason and characterization of the discharge and
the analyst presumed government regularity in the discharge process. The
NGB Form 22 indicates that the applicant was discharged under the
provisions of Chapter 8-26g(2), NGR 600-200, by reason of erroneous
enlistment or extension, with service characterized as Honorable, and a re-
entry eligibility (RE) code of '3'. National Guard Regulation 600-200
provides in pertinent part, that a Soldier may be separated if the Soldier
was eligible for enlistment but failed to meet the prerequsites for the
enlistment commitment. Further, the Soldier may be separated with a
characterization of Honorable unless in an enry-level status. A soldier is
considered to be in an entry-level status for the first 180 days of
continuous active duty. A soldier in an entry-level status would be
separated with a characterization of uncharacterized. The applicant was
beyond the entry-level status in amount of time completed in his enlistment
and therefore a characterization of uncharacterized is not appropriate for
this type of separation. Therefore, the reason for discharge and the
characterization of service remains both proper and equitable.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 15 November 2006
Location: Washington, D.C.
Did the Applicant Testify? Yes No
Counsel: N/A
Witnesses/Observers: N/A
Exhibits Submitted: N/A
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
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 not to change it.
Case report reviewed and verified by: Mr. John Zangas, 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: None
XI. Certification Signature and Date
Approval Authority:
ROBERT L. HOUSE
Colonel, U.S. Army
President, Army Discharge Review Board
Official:
MARY E. SHAW DATE: 17 November 2006
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
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