Applicant Name: ?????
Application Receipt Date: 2007/11/29 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See enclosed DD Form 149 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: 050701 Chapter: Para 8-27f AR: NGR 600-200
Reason: Unsatisfactory Participant RE: SPD: NIF Unit/Location: Battery B 1/144th FA, Culver City, 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: 27
Current ENL Date: 011217 Current ENL Term: 3 Years 6 month extension
Current ENL Service: 3 Yrs, 6Mos, 15Days ?????
Total Service: 9 Yrs, 6Mos, 15Days (NG Form 22 incorrect, block 10d should read 9 yrs, 10 mon 19 days)
Previous Discharges: USAR 920529-920903/NA
RA 920904-960130/HD
ARNG 960131-980626/HD
ARNG 980627-990626/HD
OAD 030130-050106/HD
Highest Grade: E5 Performance Ratings Available: Yes No
MOS: 13B Cannon Crewmember GT: 96 EDU: HS Grad Overseas: None Combat: None
Decorations/Awards: NDSM, ASR, GWOTM, AFRM x2, GCM, California Drill Attendance Ribbon
V. Post-Discharge Activity
City, State:
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. The record indicates that on 27 July 2005, Joint Forces Headquarters (JFH), California Army National Guard, Sacramento, CA, Orders 208-1031, discharged the applicant from the Army National Guard, effective 1 July 2005, with an 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 135-178 govern procedures covering enlisted personnel of the Army National Guard. Chapter 8 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 applicants record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army National Guard and the Reserve of the Army. 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 was discharged under the provisions of Chapter 8, Paragraph 8-27(f), NGR 600-200, by reason of unsatisfactory participation with a characterization of service as general under honorable conditions. 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 recommends 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: 17 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 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 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: No change
Other: NA
RE Code:
Grade Restoration: x No Yes Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20070018541
______________________________________________________________________________
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