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ARMY | DRB | CY2006 | AR20060000151C080324
Original file (AR20060000151C080324.doc) Auto-classification: Denied

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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