Applicant Name:  ?????

Application Receipt Date: 2007/11/20	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The Applicant states that he is applying for a city job and that he was given a general discharge because he missed some drills.  He knew this was wrong but at the time was working for a trucking company, he would give the company the drill dates and they would do everything possible to get him home in time for the drills.  Any drills he missed he would make them up at a later date.  In the last year of his contract his company commander changed and he decided to terminate his enlistment due to his AWOLs.  He believes the GD was excessive punishment since he only had one week left in his contract.  He believes he did a good job while in the Army and asks the Board for a second chance.

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: 000221   Chapter: 8-27f    AR: NGR 600-200
Reason: Unsatisfactory Participant	   RE:     SPD: NA   Unit/Location: 449th Chemical Co, Laredo, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): None

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 930714    Current ENL Term: 8 Years  ?????
Current ENL Service: 	06 Yrs, 07Mos, 08Days ?????
Total Service:  		06 Yrs, 07Mos, 08Days ?????
Previous Discharges: 	IADT 940606-941014/HD (Concurrent service)
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 54B10/Chemical Ops Spc   GT: 98   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: AAM, NDSM, ASR

V.  Post-Discharge Activity
City, State:  Laredo, TX
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 his discharge from the Army.  The record indicates that on 13 April 2000, Department of Military Affairs, State of Texas, Adjutant General Department, Austin, TX, Orders 104-520, discharged the applicant from the Army National Guard, effective 21 February 2000, with a general under honorable conditions discharge and assigned him to the USAR Control Group (Reinforcement), St Louis, Missouri to complete his statutory obligation.  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 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(f) 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 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 applicant’s discharge are not contained in the available records.   The record indicates that on 13 April 2000, Department of Military Affairs, State of Texas, Adjutant General Department, Austin, TX, Orders 104-520, discharged the applicant from the Army National Guard, effective 21 February 2000, with a general under honorable conditions discharge and assigned him to the USAR Control Group (Reinforcement), St Louis, Missouri to complete his statutory obligation.  The applicant was discharged under the provisions of paragraph 8-26f, 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.  Furthermore, the analyst noted the applicant's issue; however, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  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: 3 October 2008         Location: Washington, D.C.

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 2    No change 3
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: NA
Other: NA										
RE Code: 									 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070016739
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