Applicant Name:  ?????

Application Receipt Date: 080102	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: "The applicant states I enlisted as an Officer Candidate enlistee.  I started witht the PRE-OCS Course in Arizona and moved to illinois.  I missed the deadline to move directly back into PHASE 1 OCS so I was demoted to E-3 because I had not been to an AIT only Basic training and sent to a unit to await the next OCS Class.  During that time I started noticing intense pain in my knee's during PT tests and preparation for OCS.  I was seen by a physician and diagnosed with artritis in the knees and put on a permanant running profile, which changed my PUHLES to a 2 for the lower extremities.  This temporarily disqualified me for OCS because I would need an NGB waiver to go to OCS on a permanant profile.  During this time I was a full time employee of the Illinois Army National Guard in uniform both ADSW and technician.  Finally after 2 years of trying to get  the waiver, NGB said no and changed my PUHLES again to a 3 in my lower extremities, consequently I lost my job and was discharged as a PFC instead of an Officer Candidate (E-6), and given and uncharachterized discharge instead of an honorable with medical retirement.  I want my rank changed to E-6 because thats what I should have been as an officer candidate, I want my reason for seperation to be medical retirement and given a honorable discharge as my everyday and drill service was very honorable.  I received both civilian and military awards while I was there and often commended on my work and professionalism."

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: 071030   Chapter: 8-35L (8)    AR: NGR 600-200
Reason: Medically Unfit for Retention Per AR 40-501	   RE:     SPD: NA   Unit/Location: 623rd Pers Det, Springfield, IL 

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:  29
Current ENL Date: 050708    Current ENL Term: 6 Years  28 Weeks
Current ENL Service: 	01 Yrs, 07Mos, 19Days ?????
Total Service:  		09 Yrs, 07Mos, 18Days ?????
Previous Discharges: 	USAR-930402-930617/NA
                                       IADT-930618-930820/NA
                                       USAR-930821-940728/UNC
                                       USARCG-940729-010401/NA
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: None   GT: NIF   EDU: 14 Years   Overseas: None   Combat: None
Decorations/Awards: ARCAM-3, NDSM, IL-SAD, IL-MAR-5 

V.  Post-Discharge Activity
City, State:  Jacksonsville, IL
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 Army National Guard State of Illinois 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 8-35L (8), NGR 600-200, by reason of medically unfit for retention per AR 40-501, with service uncharacterized and a reenlistment eligibility (RE) Code of "3."  Evidence of record further shows that on 31 October 2007, Department of Military Affairs, State of Illinois, Springfield, Illinois, discharged the applicant from the Army National Guard and as a Reserve of the Army, effective date:  30 October 2007, with service uncharacterized. 

       b.  Legal Basis for Separation:  
       National Guard Regulation (NGR) 600-200 and Army Regulation 135-178 govern procedures for the administrative separation of enlisted personnel of the Army National Guard and Army Reserve.  Chapter 8 of NGR 600-200, paragraph 8-35L (8) covers, in pertinent part, reasons for discharge and separation of enlisted personnel from the State Army National Guard and as a Reserve of the Army, who are medically unfit for retention per AR 40-501.  Commanders, who suspect that a  Soldier may not be medically qualified for retention, will direct the Soldier to report for a complete medical examination per AR 40-501.  Commanders who do not recommend retention will request the Soldier's discharge.  NGR 600-200 policy states that the service of personnel separated under the provisions of Paragraph 8-35L (8), NGR 600-200, may receive an uncharacterized discharge.  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 for the period of enlistment under review and the issues 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 Army National Guard State of Illinois and as a Reserve of the Army.  However, the available 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 further shows the applicant was discharged under the provisions of Chapter 8, Paragraph 8-35L (8), NGR 600-200, by reason of medically unfit for retention per AR 40-501, 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.  In the absence of corroborated 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.  Further, the analyst noted the applicant's issues outlined in his DD Form 293, however those issues do not fall within the purview of this Board.  The applicant may apply to the Army Board for Correction of Military Records (ABCMR), utilizing DD Form 149 regarding this matter.  An application for that Board is enclosed.   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: 5 November 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 AR20070018948
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