Applicant Name:  

Application Receipt Date: 2007/10/03	

Prior Review    Prior Review Date: None	

I.  Applicant Request
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?  
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: 961215   
Chapter:  8-26.g.      AR:       NGR 600-200
Reason: Misconduct- Unsatisfactory Participation
RE:     SPD: NA
Unit/Location: C Co (Med), 328th SPT Bn (FSB), Lancaster, PA 

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
Year/Month:  6412  
HOR City, State: NIF
Current ENL Date: 910123    Current ENL Term:   7  Years  Applicant enlisted for 1 year and on 920122 extended her enlistment for another 6 years.  Her new ETS is 980222.
Current ENL Service:  05  Yrs,  10 Mos,  23Days ?????
Total Service:   11  Yrs,  10 Mos,   25Days ?????
Previous Discharges: USAR 820830-880831 / HD
RFAD 830310-831021 / HD
USAR 880820-910122 / NA
Highest Grade:   E4
Performance Ratings Available: Yes    No 
MOS: 91A10  Medical Specialist   GT:   91     EDU: GED   Overseas: None	   Combat: None	
Decorations/Awards: AAM / ASR / NDSM / TJSM

V.  Post-Discharge Activity
Post Service Accomplishments: Applicant states she is enrolled in medical school but does not provide any supporting documents.

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The evidence shows the applicant’s record is void of the specific facts and circumstances concerning the events that led to her discharge from the Army.  The record indicates that on 10 December 1996, Department of Military Affairs, The Adjutant General, Annville, PA, Orders 237-034, discharged the applicant from the Army National Guard and as a reserve of the Army, effective 15 December 1996, with a general, under honorable conditions discharge.  The record contains a properly constituted NGB Form 22 (Report of Separation and Record of Service).  It indicates that the applicant was discharged under the provisions of Paragraph 8-26g, NGR 600-200, by reason of unsatisfactory participation, with a characterization of service of general, under honorable conditions, and a reenlistment eligibility (RE) code of "3." 

      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 applicant’s available records for the period of enlistment under review, and the issue she submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  The facts and circumstances pertaining to the applicant’s discharge are not contained in the available records.  On 10 December 1996, Commonwealth of Pennsylvania, Department of Military Affairs, The Adjutant General, Annville, PA, discharged the applicant from the Army National Guard and as a Reserve of the Army, effective 15 December 1996, with a general, under honorable conditions discharge.  The record contains a properly constituted NGB Form 22 (Report of Separation and Record of Service).  It indicates that the applicant was discharged under the provisions of Paragraph 8-26g, NGR 600-200, by reason of unsatisfactory participation, with a characterization of service of general, under honorable conditions, and a Reenlistment Eligibility Code of RE 3.  The analyst noted the applicant’s issue and found no evidence of arbitrary or capricious actions by the command.  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, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.”  If the applicant desires to reenlist, she should contact the local recruiter to determine her 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 reason for discharge and the characterization of service remains both proper and equitable and recommends to the Board to deny relief. 

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 1 August 2008              
Location: Washington D.C.

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    1      No change   4      - 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. 

								        
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: 4 August 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070013834
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