Application Receipt Date: 080801	

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: 950715   
Chapter: 8-26o    NGR: 600-200
Reason: Unsatisfactory Participation
RE:     SPD: NA
Unit/Location: Headquarters and Headquarters Company, 130th Engineer Battalion, Combat Battalion, PRARNG, Vega Baja, PR 00693 

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:  640210  
Current ENL Date: 930129    Current ENL Term: 06 Years  ?????
Current ENL Service: 02 Yrs, 05Mos, 17Days ?????
Total Service:  08 Yrs, 05Mos, 27Days (The applicant's NGR Form 22 incorrectly shows in item 10c  (Prior Active Federal Service) as 01 yrs, 11 mos, and 14 days, should read as 02 yrs, 11 mos, and 04 days, based on DD Form 214 found in applicant's record). 
Previous Discharges: RA-840517-870420/HD
                                      USARCG-870421-900516/HD
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 12B10 (Combat Engineer)   GT: 87   EDU: HS Grad   Overseas: Greece   Combat: None
Decorations/Awards: ASR, NDSM, ASM, OSR
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 facts and circumstances leading to the applicant’s discharge from the Puerto Rico Army National Guard 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 8-26(o), NGR 600-200, by reason of unsatisfactory participation with a characterization of service of honorable and a reenlistment eligibility (RE) code of "1."  Evidence of record shows that on 20 July 1995, Headquarters, Puerto Rico State Area Command, Army National Guard, San Juan, Puerto Rico, 00904-3786, Orders 136-54, discharged the applicant from the Army National Guard and assigned him to the USAR Control Group (Reinforcement), St Louis, Missouri 63132 effective: 15 July 1995.

      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 8-26(o) of that regulation provides in pertinent part that individuals can be separated for unsatisfactory performance.  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 and the issue 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 Puerto Rico Army National Guard and transfer to the United States Army Reserve Control Group (Reinforcement).  However, Orders 136-54, discharged the applicant from the Army National Guard under the provisions of Chapter 8-26(o), NGR 600-200, with a characterization of service of honorable, and a reenlistment eligibility (RE) code of "1."  This document identifies the reason and characterization of the discharge and the analyst presumed Government Regularity in the discharge process.  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.  The analyst noted the applicant’s contentions; however, the evidence was not sufficiently mitigating to warrant an upgrade of the discharge under review.  Furthermore, 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 determined that the narrative reason for discharge was both proper and equitable.

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 26 September 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 NA    No change NA   - Character
		 			      Change 0    No change 5   - 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 narrative reason for discharge was both proper and equitable, and voted to deny relief.





















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: 


CHRISTINE U. MARTINSON			DATE: 28 September 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060011517

Applicant Name:  Mr.        
______________________________________________________________________


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