Application Receipt Date: 060526	

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: 991027   
Chapter: 8    NGR: 600-200
Reason: Medically Unfit for Retention per AR 40-501
RE:     SPD: NA
Unit/Location: 1863rd Transportation Company, Oak Hill, WV 

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:  790115  
Current ENL Date: 980121    Current ENL Term: 06 Years  ?????
Current ENL Service: 01 Yrs, 09Mos, 07Days ?????
Total Service:  01 Yrs, 09Mos, 07Days ?????
Previous Discharges: ARNG-980121-980221/NA
                                      ADT-980222-980605/UNC
                                      ARNG-980606-991027/Concurrent

Highest Grade: E2
Performance Ratings Available: Yes    No 
MOS: 88M10 (Motor Transport Operator)   GT: NIF   EDU: GED   Overseas: None   Combat: None
Decorations/Awards: ASR
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The specific facts and circumstances leading to the applicant’s discharge from the Army National Guard and as a Reserve of the Army 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.  This NGB Form 22 indicates that he was discharged under the provisions of Chapter 8, paragraph 8-26(j), by reason of medically unfit for retention per Army Regulation 40-501.  The evidence of record shows that on 30 November 2000, Orders 234-611, the State of West Virginia, Adjutant General's Department, 1703 Coonskin Drive, Charleston, West Virginia, discharged the applicant from the Army National Guard and as a Reserve of the Army, with an honorable discharge effective date: 27 October 1999.

      b.  Legal Basis for Separation:  
      National Guard Regulation (NGR) 600-200 and Army Regulation 40-501 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 8-26j (1) of that regulation provides in pertinent part that commanders who found Soldier medically unfit for retention will request the Soldiers discharge.  Army Regulation 40-501, Chapter 3, gives the various medical conditions and physical defects which may render a Soldier unfit for further military service and which fall below the standards.
      
      
      
      
      

      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 a change to the applicant's characterization of service to uncharacterized.  The applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army National Guard and as a Reserve of the Army.  However, the applicant’s record does contain a properly constituted NGB Form 22.  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, paragraph 8-26j(1), NGR 600-200, by reason of medically unfit for retention per Army Regulation 40-501, 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 is medically unfit for retention per AR 40-501, chapter 3.  Also, 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.  Further, if the applicant desires to reenlist, he should contact the local recruiter to determine his eligibility to reenlist.  Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes.  Therefore, the analyst being convinced that the narrative reason for discharge was both proper and equitable, recommends to the Board to deny relief.
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 7 May 2007              

Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel:  yes  [ redacted ]

Observers: yes [ spouse ]

Exhibits Submitted: Character Reference (2)




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, hearing his testimony, and considering the analyst’s recommendation and rationale, the Board determined that the narrative reason for 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: 10 May 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060007486

Applicant Name:  Mr.       
______________________________________________________________________


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