Application Receipt Date: 060922	

Prior Review    Prior Review Date: None

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

Issues: See applicant 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: NIF   
Chapter: 8-27y    AR: NGR 600-200
Reason: As A Result Of Discharge From The Reserve Of The Army
RE:     SPD: NA
Unit/Location: Headquarters & Company A, 429th Support Battalion (VA-ARNG), Staunton, VA 24401 

Time Lost: None

Article 15s (Charges/Dates/Punishment): NIF

Court-Martials (Charges/Dates/Punishment): NIF

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  730313  
Current ENL Date: 000803/OIADT    Current ENL Term: 00 Years  23 Weeks
Current ENL Service: 00 Yrs, 02 Mos, 17 Days ?????
Total Service:  00 Yrs, 10 Mos, 20 Days ?????
Previous Discharges: ARNG-991130-001019/UNC
                                          (Concurrent Service)
Highest Grade: E2
Performance Ratings Available: Yes    No 
MOS: None   GT: NIF   EDU: 14 Years   Overseas: NIF   Combat: NIF
Decorations/Awards: None
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 State of Virginia 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.  Her NGB Form 22 indicates that she was discharged under the provisions of paragraph 8-27(y), NGR 600-200, by reason of as a result of discharge from the Reserve of the Army, with service uncharacterized and a Reenlistment Eligibility Code of (RE) "3."  Evidence of record shows that on 24 October 2000, Departments Of The Army and Air Force, Office of the Adjutant General of Virginia, Virginia National Guard, Blackstone, VA, Orders 298-095, discharged the applicant from the Army National Guard and as a Reserve of the Army, effective date:  19 October 2000, with an uncharacterized discharge. 

      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 as a result of discharge from the Reserve of the Army.

      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 she submitted, the analyst recommends that relief be denied in this case.  The applicant’s record is void of the specific facts and circumstances concerning the events that led to her discharge from the State of Virginia Army National Guard and a Reserve of  the Army.  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 document identifies the reason and characterization of the service and the analyst presumed Government regularity in the discharge process.  The evidence of record shows that the applicant was discharged under the provisions of Chapter 8, Paragraph 8-27(y), NGR 600-200, by reason of as a result of discharge from the Reserve of the Army, with service uncharacterized.  The evidence of record further shows that the applicant's service was uncharacterized because she was in entry-level status, i.e., in an initial probationary period of service.  Any individual, who has served for less than 180 days at the time his or her commander initiated separation action, and is not being separated for serious misconduct, will be given an uncharacterized discharge.  An uncharacterized discharge denotes only that the individual had less than 180 days on active duty.  For ARNGUS and USAR Soldiers, entry-level status begins upon enlistment in the ARNG or USAR.  For Soldiers ordered to IADT for one continious period, it terminates 180 days after beginning training.  Army Regulation 635-40 provides that a Soldier’s service will be uncharacterized when his separation is initiated while the Soldier is in entry-level status.  A fully honorable discharge may be granted only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty.  The analyst determined that no such unusual circumstances were present in the applicant’s record and her service did not warrant an honorable characterization of service. The analyst was satisfied that all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  Therefore, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable.
       
VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 31 October 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 0    No change 5   - 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 discharge was both proper and equitable, and voted to deny relief.

Case report reviewed and verified by: Mr. Kenneth McFarley, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: None
Other: NA
RE Code:  
Grade Restoration:   No   Yes  Grade: None

XI.  Certification Signature and Date
Approval Authority: 

MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


CHRISTINE U. MARTINSON			DATE: 9 November 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060013468

Applicant Name:  Ms.        
______________________________________________________________________


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