Applicant Name: ?????
Application Receipt Date: 2008/02/07 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 and attached documents 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: UNK
Discharge Received: Date: 001130 Chapter: 8-26k AR: NGR 600-200
Reason: Unsatisfactory Participation RE: SPD: ????? Unit/Location: 1/20 Inf Bn, Lumberton, NC
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: 23
Current ENL Date: 980721 Current ENL Term: NIF Years ?????
Current ENL Service: 02 Yrs, 04 Mos, 10 Days ?????
Total Service: 06 Yrs, 05 Mos, 10 Days ?????
Previous Discharges: USMC 940712-980711/HD
Highest Grade: E-5 Performance Ratings Available: Yes No
MOS: 11B/Infantryman GT: NIF EDU: HS Overseas: NIF Combat: NIF
Decorations/Awards: NDSM, GCMDL-MC, AFSM, SSDR
V. Post-Discharge Activity
City, State: Lumberton, NC
Post Service Accomplishments: See attached documents
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 National Guard of North Carolina. 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 8-26k, 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 135-91 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(k) of that regulation provides in pertinent part that individuals can be separated for being an unsatisfactory participant. 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. Army policy states that an under other than honorable conditions discharge is normally considered appropriate, but a general discharge under honorable conditions or an honorable discharge may be granted.
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 facts and circumstances pertaining to the applicants discharge are not contained in the available records. 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 8-26k, NGR 600-200, by reason of unsatisfactory participant, with a characterization of service of general, under honorable conditions, and a Reenlistment Eligibility Code of RE 3. 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. 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. Furthermore, the analyst determined that the applicants Official Military Personnel File (OMPF) does not contain all the specific documents that would indicate the reason for the separation action from the United States Army. If the applicant desires to appear before a personal appearance Board, the burden of proof remains with the former Soldier to provide the appropriate documents or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Boards consideration.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: February 20, 2009 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
X. Board Action Directed President, Army Discharge Review Board
Issue a new DD Form 214
Change Characterization to:
Change Reason to: No Change
Other: No Change
RE Code:
Grade Restoration: No Yes Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20080002251
______________________________________________________________________________
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