Applicant Name: ?????
Application Receipt Date: 2008/02/08 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See enclosed DD Form 293 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: 050502 Chapter: 8-27t NGR 600-200
Reason: Failure to report to Active Duty RE: SPD: NA Unit/Location: 166 Maint Co, Jackson, GA
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: 17
Current ENL Date: 040430 Current ENL Term: 08 Years ?????
Current ENL Service: 01 Yrs, 00 Mos, 03 Days ?????
Total Service: 01 Yrs, 00 Mos, 03 Days ?????
Previous Discharges: None
Highest Grade: E-1 Performance Ratings Available: Yes No
MOS: None GT: 126 EDU: HS Overseas: None Combat: None
Decorations/Awards: None
V. Post-Discharge Activity
City, State: Locust Grove, GA
Post Service Accomplishments: None provided
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 her discharge from the United States Army National Guard. The record indicates that on 3 May 2005, The Adjuant General, State of Georgia, Ellenwood, GA 30294, Orders 123-020, discharged the applicant from the Army National Guard and as a reserve of the Army, effective 2 May 2005, with an honorable discharge. Furthermore, on 3 May 2005, the same Headquarters issued order 123-021 amending order 123-020 to read an Uncharacterized discharge. Neither order stated above or NGB 22 dated 2 May 2005 make reference to an SPD code.
b. Legal Basis for Separation:
National Guard Regulation (NGR) 600-200 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 failure to report to active duty. The regulation requires uncharacterized service for separation under this chapter.
c. Response to Issues, Recommendation and Rationale:
After a careful review of all the applicants military records, and the issue she submitted, the analyst determined that the applicants available record of service during the period under review is void of the specific facts and circumstances concerning the events that led to her discharge from the Army National Guard. However, the applicants record does contain a properly constituted Order which was authenticated by the appropriate military authority. This document identifies the characterization of the discharge and the analyst presumed Government regularity in the discharge process. 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 applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicants service mitigated the type of discharge she received from the U.S. Army National Guard. Furthermore, Separation Program Designator (SPD) codes are three-character alphabetic combinations, shown on DD Form 214, Release from Military Service, which identify reasons for, and types of, separation from active duty. The sole purpose of SPD codes is to provide statistical accounting of reasons for separation. They are intended exclusively for the internal use of DoD and the military service to assist in the collection and analysis of separation data. This analysis may, in turn, influence changes in separation policy. The applicant was released from the ARNG and SPD Codes are not applicable when a DD Form 214 is not required. Furthermore, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of 3. If the applicant desires to reenlist, she should contact the local recruiter to determine her eligibility to reenlist. Those individuals can best advise a former service member as to the needs of the Army or any other Service at the time, and are required to process waivers of reentry eligibility (RE) codes. Therefore, the analyst determined 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: 21 November 2008 Location: Washington, D.C.
Did the Applicant Testify? Yes No
Counsel: None
Witnesses/Observers: None
Exhibits Submitted: None
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
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 AR20080002296
______________________________________________________________________________
Page 1 of 2 pages
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