Application Receipt Date: 070517
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See applicant's DD Form 293 and attached documents.
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: 010719
Chapter: 8-27f AR: NGR 600-200
Reason: Unsatisfactory Participant
RE: SPD: NA
Unit/Location:
Time Lost: NIF
Article 15s (Charges/Dates/Punishment): NIF
Court-Martials (Charges/Dates/Punishment): NIF
Counseling Records Available: Yes No
IV. Soldier’s Overall Record
DOB: 770301
Current ENL Date: 010126 Current ENL Term: NIF Years
Current ENL Service: 00 Yrs, 05 Mos, 24 Days
Total Service: 04 Yrs, 06Mos, 17 Days Item 12b on NGB Form 22, prior
reserve component service is incorrect, should read 00 Yrs, 06 Mos, 17
Days. Further, item 12c on NGB Form 22, prior active Federal Service is
incorrect, should read 04 Yrs, 00 Mos, 00 Days.
Previous Discharges: USN-960709-000708/HD
USNR-000709-010125/NA
Highest Grade: E4
Performance Ratings Available: Yes No
MOS: 44E10 Machinist GT: NIF EDU: HS Grad Overseas: None Combat:
None
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 complete facts and circumstances leading to the applicant’s
release from the State of New York Army National Guard and transfer to the
United States Army Reserve Control Group (Annual Training) 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
he was discharged under the provisions of Paragraph 8-27f, NGR 600-200, by
reason of unsatisfactory participant, with a characterization of service of
general, under honorable conditions, and a reenlistment eligibility (RE)
code of "3."
The applicant has a Bar To Reenlistment dated 19 July 2001 in his
Official Military Personnel File.
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 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 his release from the State of New York
Army National Guard Army National Guard and transfer to the United States
Army Reserve Control Group (Annual Training). However, the available
records 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
discharge and the analyst presumed Government regularity in the discharge
process. The evidence of record shows the applicant was discharged under
the provisions of Chapter 8, Paragraph 8-27(f), NGR 600-200, by reason of
unsatisfactory participant, with a general, under honorable conditions
characterization of service. 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 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: 14 November 2007
Location: Washington, DC
Did the Applicant Testify? Yes No
Counsel:
Witnesses/Observers:
Exhibits Submitted:
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, hearing his testimony, 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: 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:
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
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