Applicant Name:  ?????

Application Receipt Date: 071108	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: I was injured in Basic training, which I completed successfully in a honor platoon, the following year before I was discharged.  When I went back to ship off for my AIT training the medical examiner discovered this in my records.  The next thing I know I'm being sent home involuntarily, and I get a uncharacterized discharge.  It should be changed to honorable because it was not my intention to leave the military.  Also the whole period I served, I was a great Soldier doing exactly as I was commanded to do.  It was not my fault I got hurt, and they told me I could not continue.

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: 020711   Chapter: 8-26b(3)    AR: NGR 600-200
Reason: Failure To Meet Procurement Medical Standards	   RE:     SPD: NA   Unit/Location: Det 1, Co A, 1092nd Engr Bn, Richwood, WV 

Time Lost: None

Article 15s (Charges/Dates/Punishment): NIF

Courts-Martial (Charges/Dates/Punishment): NIF

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 010430    Current ENL Term: 08 Years  ?????
Current ENL Service: 	01 Yrs, 02Mos, 12Days ?????
Total Service:  		01 Yrs, 02Mos, 12Days ?????
Previous Discharges: 	ADT-010619-010823/UNC
                                        (Concurrent Service)
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: None   GT: 104   EDU: 10 Years   Overseas: None   Combat: None
Decorations/Awards: WVNGMMRBN

V.  Post-Discharge Activity
City, State:  Elizabethton, TN
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The specific facts and circumstances pertaining to the applicant’s discharge from the State of West Virginia Army National Guard and as a 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.  It indicates that the applicant was discharged under the provisions of Paragraph 8-26b (3), NGR 600-200, by reason of failure to meet medical procurement standards, with service uncharacterized and a reenlistment eligibility (RE) Code of "3."  Evidence of record shows that on 25 July 2002, State of West Virginia, Adjutant General's Department, Charleston, WV, discharged the applicant from the Army National Guard and as a Reserve of the Army, effective date:  11 July 2002, with service uncharacterized. 

       b.  Legal Basis for Separation:  
       National Guard Regulation (NGR) 600-200 and Army Regulation 135-178 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 National Guard and as a reserve of the Army.  Paragraph 8-26b(3) of that regulation states that individuals can be separated under this paragraph by reason of failure to meet medical procurement standards (NGR 40-501).  Army policy states that except as otherwise specificially provided in this chapter, a Soldier's period of service would be characterized as honorable unless an uncharacterized description of service is required or characterization of service as general, under honorable conditions is warranted.  For ARNGUS and USAR Soldiers, entry-level status begins upon enlistment in the ARNG or USAR.  For Soldiers ordered to IADT for one continious period, it terminates 180 days after beginning training.  For Soldiers ordered to IADT for the split or alternate training option, it terminates 90 days after beginning Phase II advanced individual training (IADT).  (Soldiers completing Phase I BT or basic combat training (BCT) remain in entry-level status 90 days after beginning Phase II.)  

       c.  Response to Issues, Recommendation and Rationale:  
             After a careful review of all the applicant’s available military records during the period of enlistment under review, the issues and documents he 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 his discharge from the State of West Virginia Army National Guard and as a Reserve of the Army.  However, the records does contain a properly constituted NGB Form 22 (Report of Separation and Record of Service), which the applicant was unavailable for signature.  This document identifies the reason and characterization of the discharge 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 8-26b(3), NGR 600-200, by reason of failure to meet medical procurement standards, with service uncharacterized.  For ARNGUS and USAR Soldiers, entry-level status begins upon enlistment in the ARNG or USAR.  For Soldiers ordered to IADT for one continuous period, it terminates 180 days after beginning training.  For Soldiers ordered to IADT for the split or alternate training option, it terminates 90 days after beginning Phase II advanced individual training (AIT).  (Soldiers completing Phase I BT or basic combat training (BCT) remain in entry-level status 90 days after beginning Phase II).  Furthermore, a fully honorable discharge may be granted only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty.  The analyst determined that no such unusual circumstances were present in the applicant’s record and his service did not warrant an honorable discharge.  Barring 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.  In view of the foregoing, the analyst determined that the reason for discharge and the characterization of service 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: 3 October 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 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.  
        
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			 
								         Colonel, U.S. Army
								         President, Army Discharge Review Board
Issue a new DD Form 214  					
Change Characterization to: 			         
Change Reason to: No Change
Other: NA										
RE Code: 									 
Grade Restoration:   No   Yes   Grade: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070016068
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