Applicant Name:  ?????

Application Receipt Date: 2008/02/01	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The Applicant states in effect:  "I enlisted with asthma but i was told when i went to basic if there were any secrets that i was hiding i i came forward at the present time there would be no repercations against me for comming forward and telling the truth. i was seen by a doctor while in basic training and was told that if my asthma stoped me from performing in basic i would be discharged , but if i could succeed in completing basic training then it would be ok. i completed basic training and was at the top of my group in performence. i graduated a.i.t and was at the top of my class. when i returned home to link up with my unit i told them that i have asthma and they discharged me. i feel that this was aganst the document i have signed in fort leonored wood mo. i went to my drills every month and loved the millitary. since i have been discharged i have had trouble finding a job and adjusting to civilian life. i am a soldier and belong to the millitary. i feel this situation should be looked at further, i would like to re-enlist in the military but would need my discharge to be changed."

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: Not In File (NIF)
Discharge Received: 			   Date: 070522   Chapter: 8-35i(1)    AR: NGR 600-200
Reason: Acts or Pattern of Misconduct	   RE:     SPD: NA   Unit/Location: 1207 Transportation Co (Rear), East Greenwich, RI 

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:  25
Current ENL Date: 051222    Current ENL Term: 8 Years  ?????
Current ENL Service: 	01 Yrs, 05Mos, 01Days ?????
Total Service:  		01 Yrs, 05Mos, 01Days ?????
Previous Discharges: 	IADT 060330-060728/HD (Concurrent Service)
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: 88M10/Motor Transport Opr   GT: NIF   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR

V.  Post-Discharge Activity
City, State:  Woonsocket, RI
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 National Guard of the Rhode Island.  The evidence indicates that on 30 May 2007, HQ, Joint Force HQ, State of Rhode Island, Cranston, Rhode Island, Orders 150-011 discharged the applicant from the Army National Guard and as a Reserve of the Army, effective date 22 May 2007, with a general, under honorable conditions discharge.  The record does contain 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 8-35i(1), by reason of acts or pattern of misconduct, 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 8-35i(1) of that regulation provides in pertinent part that individuals can be separated for acts or pattern of misconduct.  

       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 issue 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 Rhode Island Army National Guard and a Reserve of the Army.  However, the record does contain a properly constituted NGB Form 22 (Report of Separation and Record of Service), which indicates that the applicant was unavailable for signature.  This document identifies the reason and characterization of the service 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 8-35i(1), NGR 600-200, by reason of acts or pattern of misconduct with a characterization of service of general, under honorable conditions.  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.   The record does not support the applicant’s contention, and no evidence to support it has been submitted by the applicant, that his discharge was the result of any medical condition.  Furthermore, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.”  If the applicant desires to reenlist, he should contact the local recruiter to determine his eligibility to reenlist.  Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes.  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.?
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
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VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 5 December 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 1    No change 4
Reason -     Change 0    No change 5
(Board member names available upon request)
								         EDGAR J. YANGER			 
								         Colonel, U.S. Army
X.  Board Action Directed					         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 AR20080002109
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