Applicant Name: ?????
Application Receipt Date: 071214 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: 040901
Discharge Received: Date: 041207 Chapter: 8-26g(3) AR: NGR 600-200
Reason: Defective Enlistment Agreement RE: SPD: NA Unit/Location: TRP C 1-18th CAV, Ontario, CA
Time Lost: None
Article 15s (Charges/Dates/Punishment): None
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 22
Current ENL Date: 040518 Current ENL Term: 6 Years ?????
Current ENL Service: 0 Yrs, 6Mos, 20Days ?????
Total Service: 0 Yrs, 6Mos, 20Days ?????
Previous Discharges: NA
Highest Grade: E3 Performance Ratings Available: Yes No
MOS: None GT: 109 EDU: Associate Degree Overseas: None Combat: None
Decorations/Awards: None
V. Post-Discharge Activity
City, State: Gardena, CA
Post Service Accomplishments: Appilcant states he as obtained a bachelor's degree and pursuing a masters degree.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 1 September 2004, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 8, NGR 600-200, by reason of defective enlistment agreement (apathy), for failure to ship for scheduled training (040123), with an uncharacterized discharge. He was advised of his rights and given 30 days to provide a response. Other facts pertaining to the approval of the discharge are not contained in the record. However, the applicants 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 applicants NGB Form 22, shows the applicant, while in entry-level status, was discharged under the provisions of Chapter 8, Paragraph 8-26(g), NGR 600-200, by reason of defective enlistment agreement 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 8-26(n) of that regulation provides in pertinent part that individuals can be separated for failing to report to IADT phase 1 or 2. 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 until 90 days after beginning Phase II.
c. Response to Issues, Recommendation and Rationale:
After a careful review of all the applicants military records, and the issue he submitted, the analyst noted from the evidence of record that the applicant received an uncharacterized separation while in an entry-level status (ELS). The applicant's discharge was approved as entry-level status, with the description of service as uncharacterized. NGR 600-200 and AR 135-91, provide in pertinent part, that 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 that a soldier is in entry-level status for the first 180 days of continuous active duty. The purpose of the entry-level status is to provide the soldier a probationary period. Soldiers who are found to lack the necessary motivation, adaptability, self-discipline, ability, or attitude to become productive soldiers may be expeditiously separated while in entry-level status. NGR 600-200, also provides, except in cases of serious misconduct, that a soldiers service will be uncharacterized when his separation is initiated while the soldier is in entry level status. An honorable discharge is not authorized under ELS conditions. 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. In view of the foregoing, the analyst determined that the discharge was proper and equitable and recommends to the Board to deny relief.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 081017 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
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 AR20070018433
______________________________________________________________________________
Page 1 of 3 pages
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