Applicant Name: ?????
Application Receipt Date: 071019 Prior Review: Prior Review Date: NA
I. Applicant 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?
Tender Offer: NA
See Attachments: Legal Medical Minority Opinion Exhibits
III. Discharge Under Review
Unit CDR Recommended Discharge: Date: NIF
Discharge Received: Date: 040528 Chapter: 8-26g AR: NGR 600-200
Reason: Erroneous Enlistment or Extension RE: SPD: NA Unit/Location: HHC, 103rd Engr Bn, Philadelphia, PA
Time Lost: None
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: 19
Current ENL Date: 040213/OIADT Current ENL Term: 00 Years 19 Weeks
Current ENL Service: 00 Yrs, 05 Mos, 26 Days ?????
Total Service: 01 Yrs, 02 Mos, 04Days ?????
Previous Discharges: ARNG-020223-021030/UNC
(Break In Service)
ARNG-031203-040212/NA
(Concurrent Service)
Highest Grade: E-1 Performance Ratings Available: Yes No
MOS: None GT: 98 EDU: HS Grad Overseas: None Combat: None
Decorations/Awards: None
V. Post-Discharge Activity
City, State: Philadelphia, PA
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The facts and circumstances pertaining to the applicants discharge from the State Of Pennsylvania Army National Guard and as Reserve of the Army 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. That NGB Form 22 indicates the applicant was discharged under the provisions of Paragraph 8-26g (2), NGR 600-200, by reason of erroneous enlistment or extension, with service uncharacterized, and a reenlistment eligibility (RE) Code of "3." On 14 May 2004, Commonwealth of Pennsylvania, Department of Military and Veterans Affairs, the Adjutant General, Annville, PA, Orders 135-1013, discharged the applicant from the Army National Guard and as Reserve of the Army, effective date: 28 May 2004, with service uncharacterized.
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 8-26g (2) of that regulation provides in pertinent part that individuals can be separated for erroneous enlistment or extension.
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 she 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 Army. However, the applicants record does contain a properly constituted NGB Form 22 (Report of Separation and Record of Service). This document identifies the reason and characterization of the discharge and the analyst presumed Government regularity in the discharge process. Further evidence of record shows that the applicant's NGB Form 22 indicates she was discharged under the provisions of Chapter 8-26g (2), NGR 600-200, by reason of erroneous enlistment or extension, with service uncharacterized. National Guard Regulation 600-200 provides in pertinent part, that a Soldier may be separated if the Soldier was eligible for enlistment but failed to meet the prerequsites for the enlistment commitment. Further, the Soldier may be separated with service uncharacterized while in an enry-level status. A Soldier is considered to be in an entry-level status for the first 180 days of continuous active duty. Additionally, the analyst noted the applicant's issue; however, this type of discharge simply means that the soldier was in an entry-level status, i.e., in an initial probationary period of service. Any individual who has served for less than l80 days at the time his or her commander initiated separation action, and is not being separated for serious misconduct, will be given an uncharacterized discharge. This is not an adverse separation action and denotes only that the individual had less than l80 days on active duty. In view of the foregoing, 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: 24 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 0 No change 5
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 AR20070014570
______________________________________________________________________________
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