Applicant Name: ?????
Application Receipt Date: 071010
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See enclosed DD Form 293 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: 060824
Chapter: 8-27f AR: 600-200
Reason: Unsatisfactory Participation
RE: SPD: PEW
Unit/Location: 449 CSBN Det1 Co B REAR, AR (PF2B4-981) Camp Robinson, North Little Rock, AR
Time Lost: None
Article 15s (Charges/Dates/Punishment): None
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Year/Month: 8707
HOR City, State: Hot Springs, AR
Current ENL Date: 051018 Current ENL Term: 8 Years ?????
Current ENL Service: 00 Yrs, 10Mos, 7Days ?????
Total Service: 00 Yrs, 10Mos, 7Days ?????
Previous Discharges: NA
Highest Grade: E-1
Performance Ratings Available: Yes No
MOS: None GT: NIF EDU: GED Overseas: None Combat: None
Decorations/Awards: None
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 applicants record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army National Guard and as a reserve of the Army. The record indicates that on 28 August 2006, Military Department of Arkansas, Office of the Adjutant General, Camp Joseph T. Robinson, North Little Rock AR, Orders 240-863, discharged the applicant from the Army National Guard, effective 24 August 2006, with an uncharacterized 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 8-27f, NGR 600-200, by reason of unsatisfactory participation 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 applicants available records for the period of enlistment under review, and the issue he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The facts and circumstances pertaining to the applicants discharge are not contained in the available records and the analyst presumed government regularty in the discharge process. On 28 August 2006, Military Department of Arkansas, Office of the Adjutant General, Camp Joseph T. Robinson, North Little Rock AR, Orders 240-863, discharged the applicant from the Army National Guard, effective 24 August 2006, with an uncharacterized 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 8-26f, NGR 600-200, by reason of unsatisfactory participation, with an uncharacterized discharge, and a Reenlistment Eligibility Code of RE 3. 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: 080819
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: Proper Improper
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 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.
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: 080819
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20070013924
______________________________________________________________________
Page 1 of 5 pages
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