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. Soldiers 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 applicants 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 applicants 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 applicants 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 applicants record of service during the period of enlistment under review and considering the analysts 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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