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ARMY | DRB | CY2007 | AR20070013910
Original file (AR20070013910.txt) Auto-classification: Denied
Applicant Name:  

Application Receipt Date: 071010	

Prior Review    Prior Review Date: None

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

Issues: The applicant in fact states, "I was at basic training and found out that I had anemia.  I had no knowledge that I had it.  Looking at my past medical records, no record of it was found".

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: 070806   
Chapter: 8-35c    AR: (NGR) 600-200
Reason: Other Designated Physical or Mental Conditions
RE:     SPD: NA
Unit/Location: Co E, 2-285th Avn Regt, Phoenix, AZ 

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
Year/Month:  8306  
HOR City, State: Phoenix, AZ
Current ENL Date: 061214    Current ENL Term: 8 Years  ?????
Current ENL Service: 00 Yrs, 07Mos, 23Days ?????
Total Service:  00 Yrs, 07Mos, 23Days ?????
Previous Discharges: None
Highest Grade: E-1
Performance Ratings Available: Yes    No 
MOS: None   GT: NIF   EDU: GED Cert   Overseas: None   Combat: None
Decorations/Awards: ?????

V.  Post-Discharge Activity
Post Service Accomplishments: None listed

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 Reserve.  The evidence indicates that on 16 August 2007, Department of the Army and the Air Force, Joint Force Headquarters, Phoenix, Arizona, Orders 228-644 discharged the applicant from the Army Reserve, effective date 06 August 2007, with an uncharacterized discharge.  The record does contain 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 8-35c, NGR 600-200, by reason of other designated physical or mental conditions, with a characterization of service of uncharacterized, and a reenlistment eligibility (RE) code of "3."
      

      b.  Legal Basis for Separation:  
      National Guard Regulation (NGR) 600-200 and Army Regulation 135-178 govern procedures covering enlisted personnel of the Army National Guard.  Chapter 7 of NGR 600-200 covers, in pertinent part, discharge and separation of enlisted personnel for misconduct due to unsatisfactory participation.  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.  An enlisted member separated for misconduct which includes unsatisfactory participation will normally be furnished a characterization of service of under other than honorable conditions in accordance with Army Regulation 135-178.

      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 applicant’s record is void of the specific facts and circumstances concerning the events that led to her discharge from the Army Reserve.  However, the applicant’s record contains a properly constituted NGB Form 22 (Report of Separation and Record of Service) which identifies the reason and characterization of the discharge and the analyst presumed Government regularity in the discharge process.  The applicant’s NGB Form 22 shows the applicant, while in entry-level status, was discharged under the provisions of Chapter 8, Paragraph 35c (f), NGR 600-200, by reason of other designated physical or mental conditions with service uncharacterized.  Therefore, the analyst recommends 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: 080819              
Location: Washington DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: None 

Exhibits Submitted: None




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.  

								        
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: 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: 080821
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070013910
______________________________________________________________________


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