Applicant Name:  ?????

Application Receipt Date: 2008/02/06	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The Applicant states in effect:  "When the Unit commander spoke to me last he informed me I would be released from service under honorable conditions.  I was without a home, transportation, or job at the time and was having a difficult time attending drills.  I was constantly relocating and changing jobs.  I don’t recall the commander’s name but he advised me to not return and get my life in order.  I have just spent two years in Iraq under Defense contracts and would like to pursue a career with the federal government and my status currently hinders my application process.  I respectfully request the board review my case and update my status so I am able to receive a DD 214 that reflects honorable separation.  I respectfully thank the board for time and consideration in this serious matter."

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
Discharge Received: 			   Date: 000601   Chapter: 8-26n    AR: NGR 600-200
Reason: Failure to Report to IADT Phase I or II	   RE:     SPD: NA   Unit/Location: HHC, 2d Bn, 113th IN, Riverdale, NJ 

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: 990506    Current ENL Term: 8 Years  ?????
Current ENL Service: 	01 Yrs, 00Mos, 26Days ?????
Total Service:  		01 Yrs, 00Mos, 26Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: None   GT: 101   EDU: GED   Overseas: None   Combat: None
Decorations/Awards: None

V.  Post-Discharge Activity
City, State:  Palm Coast, FL
Post Service Accomplishments: Served as a civilian contractor in Iraq for two years.

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 29 June 2001, Department of Military Affairs, Trenton National Guard Center, Trenton, New Jersey, Orders 180-011, discharged the applicant from the Army National Guard and as a reserve of the Army, effective 1 June 2000, with an uncharacterized discharge.  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 8-26n, NGR 600-200, by reason of failure to report to IADT phase I or II, with an uncharacterized separation of service, 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 8-26n 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 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 applicant’s 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 applicant’s 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 applicant’s NGB Form 22 shows the applicant, while in entry-level status, was discharged under the provisions of Chapter 8, Paragraph 8-26n, NGR 600-200, by reason of failure to report to IADT phase I or II with service uncharacterized.   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: 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 0    No change 5
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 AR20080002238
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