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ARMY | DRB | CY2006 | AR20060007408
Original file (AR20060007408.txt) Auto-classification: Denied
Application Receipt Date: 060523	

Prior Review    Prior Review Date: None

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

Issues: See applicant's attached 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: NIF
Discharge Received:     Date: 030325   
Chapter: 8-26f    NGR: 600-200
Reason: Acts or Patterns of Misconduct
RE:     SPD: NA
Unit/Location: Headquarters and Headquarters Company, 49th Armored Division, Austin, TX 

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:  790830  
Current ENL Date: 020730    Current ENL Term: 03 Years  10 Months, 12 Days
Current ENL Service: 00 Yrs, 07Mos, 26Days ?????
Total Service:  04 Yrs, 09Mos, 14Days ?????
Previous Discharges: RA-980730-020729/HD
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 11B10 (Infantryman)   GT: 104   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: ARCOM, AAM, ASR, AGCM, NSDM, AFEM, NATOM
V.  Post-Discharge Activity
Home of Record: Tacoma, WA
Current Address: 106 E 46th Street 
Tacoma WA 98404
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The facts and circumstances leading to the applicant’s discharge are not contained in the available records.  However, the record does contain a properly constituted NGB Form 22 (Report of Separation and Record of Service) which the applicant was unavailable for signature.  It indicates that the applicant was discharged under the provisions of paragraph 8-26f, NGR 600-200, by reason of acts or patterns of misconduct with a characterization of service of general, under honorable conditions and a reentry eligibility (RE) code of "3"  and assigned him to the USAR Control Group (Annual Training).
      
      A DA Form 4187 (Personnel Action) was found in the applicant's record which requested that he be transferred to the Individual Readness Reserves, for reasons of being absent without leave effective 15 May 2003.

      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(f) 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 military records for the period of enlistment under review, the issue and documents he submitted, the analyst recommends relief be denied in this case.  The applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the State of Texas Army National Guard and transfer to the United States Army Reserve Control Group (Annual Training).  However, the applicant's NGB Form 22, shows he was discharged from the Army National Guard under the provisions of Chapter 8-26f, NGR 600-200 which is for alcohol or other drug abuse rehabilitation failure, with a characterization of service of general, under honorable conditions, and a reenlistment eligibility (RE) code of "3."  Chapter 8 of NGR 600-200 paragraph 8-27(f) shows that individuals can be separated for being an unsatisfactory participant, and 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.  The analyst presumed Government regularity in the discharge process.  The analyst noted the applicant's contentions, however, the evidence was not sufficiently mitigating to warrant an upgrade of the discharge under review.  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.  Therefore, the characterization of service were both proper and equitable.  The analyst does recommended to the Board that the applicant's narrative reason for discharge be change to NGR 600-200, paragraph 8-27(f) Unsatisfactory Paraticipant.

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 28 March 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
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: Eric S. Moore, Examiner									        
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: 


MARY E. SHAW				DATE: 2 April 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060007408

Applicant Name:  Mr.        
______________________________________________________________________


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