Applicant Name: ?????
Application Receipt Date: 070910 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 and attached documents submitted by the applicant.
II. Were Proper Discharge and Separation Authority procedures followed?
Tender Offer: NA
See Attachments: Legal Medical Minority Opinion Exhibits
III. Discharge Under Review
Unit CDR Recommended Discharge: Date: NIF
Discharge Received: Date: 960531 Chapter: 8-27g AR: NGR 600-200
Reason: Unsatisfactory Participant RE: SPD: NA Unit/Location: B Co, 536th Spt Bn, Killeen, TX
Time Lost: NIF
Article 15s (Charges/Dates/Punishment): NIF
Courts-Martial (Charges/Dates/Punishment): NIF
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 25
Current ENL Date: 930723 Current ENL Term: 3 Years ?????
Current ENL Service: 02 Yrs, 10 Mos, 08 Days ?????
Total Service: 08 Yrs, 08 Mos, 23 Days ?????
Previous Discharges: RA-870908-910907/HD
USAR-910908-930722/NA
Highest Grade: E-4 Performance Ratings Available: Yes No
MOS: 95B10 Military Policeman GT: 115 EDU: HS Grad Overseas: Korea Combat: None
Decorations/Awards: AAM, AGCM, NDSM, ASR, OSR
V. Post-Discharge Activity
City, State: Austin, TX
Post Service Accomplishments: The applicant submitted documentation which shows he graduated from Central Texas College with an Associates Degree in Criminal Justice.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The specific facts and circumstances pertaining to the applicants discharge from the State of Texas Army National Guard and assignment to the USAR Control Group (Reinforcement) 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 indicates that the applicant was unavailable for signature. It indicates that the applicant was discharged under the provisions of Paragraph 8-27(g), 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." On 25 September 1996, Adjutant General's Department, Austin, TX, Orders 296-216, discharged the applicant from the Army National Guard and assigned him to the USAR Control Group (Reinforcement), effective date: 31 May 1996, with a general, under honorable conditions 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(g) 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. Army policy states that an under other than honorable conditions discharge is normally considered appropriate, but a general discharge under honorable conditions or an honorable discharge may be granted.
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 found no mitigating factors that would merit an upgrade of the applicant's discharge. 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 assignment to the USAR Control Group (Reinforcement). However, the record does contain a properly constituted NGB Form 22 (Report of Separation and Record of Service), which indicates that 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 the applicant was discharged under the provisions of Chapter 8, paragraph 8-27(g), 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." In the absence of 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. Furthermore, the analyst noted the applicants issue and acknowledges the many accomplishments outlined in his application and in the documents with his application. However, in review of the applicants entire service record, the analyst found that these accomplishments did not overcome the reason for discharge and characterization of service granted. In view of the foregoing, the analyst determined that the characterization of service and reason for discharge were both proper and equitable and recommends to the Board to deny relief.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 12 September 2008 Location: Washington, DC
Did the Applicant Testify? Yes No
Counsel: NA
Witnesses/Observers: NA
Exhibits Submitted: NA
VIII. 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 to deny relief.
IX. Board Decision
XI. Certification Signature
Board Vote: Approval Authority:
Character - Change 2 No change 3
Reason - Change 0 No change 5
(Board member names available upon request)
EDGAR J. YANGER
Issue a new DD Form 214 Colonel, U.S. Army
Change Characterization to: President, Army Discharge Review Board
Change Reason to:
Other: NA
RE Code:
Grade Restoration: No Yes Grade: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20070012679
______________________________________________________________________________
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