Applicant Name:  ?????

Application Receipt Date: 2008/04/02	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant stated "I feel my discharge should be changed for many reasons.  The first of these reason is I was a Junior is high school when I first joined and my papers said I was a senior in high school.  They were filled out wrong by my recruiter prompting my first discharge letter stating I did not meet the GED requirements.  Next I contacted my First SGT about this and explained to him the problem and that I was going to have to take summer school.  This is the next reason I think this should be reversed.  I was discharged for "FAILURE TO REPORT TO IADT PHASE 1 OR 2 (CODE: PE).  I was not able to attend because I wanted to finish high school and was enlisted as the wrong high school grade to begin with.  Next when I went to MEPS I was given a form to fill out about my psychological past.  This form was a duplicate of the one the recruiter had me fill out except the gentleman at MEPS told us to include from the time we were born and up.  This form was filled out different than one the recruiter had me fill out because I had seen a psychologist for dperession due to the fact I was over whelmed in my private school with different issues.  This form did not ever make into my official records.  I am now applying to be a police officer in the state of oklahoma and they will not take me because of my uncharacterized discharge.  In the next section the reason I provided an unsure for my abcense is I was in school, both summer and night classes.  All my life I have wanted to be a police officer and respectfully ask that you give me the chance to be by giving me an honorable discharge and the chance to live my life dream.  Thank you."

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: 050920
Discharge Received: 			   Date: 060518   Chapter: 8-26n    AR: NGR 600-200
Reason: Failure to Report to IADT Phase 1 or 2 (Code:PE)	   RE:     SPD: NA   Unit/Location: E Trp, 145th CAV, McAlester, OK 

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:  17
Current ENL Date: 040608/IADT    Current ENL Term: 00 Years  11 Weeks
Current ENL Service: 	01 Yrs, 11Mos, 11Days ?????
Total Service:  		02 Yrs, 08Mos, 11Days ?????
Previous Discharges: 	ARNG-030908-040607/NA
Highest Grade: E-1		Performance Ratings Available: Yes    No 
MOS: None   GT: 108   EDU: 12 Years   Overseas: None   Combat: None
Decorations/Awards: None

V.  Post-Discharge Activity
City, State:  Oklahoma City, OK
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 20 September 2005, the unit commander notified the applicant of initiation of separation action under the provisions of AR 135-178, Chapter 8, paragraph 8-1, by reason of entry level performance and conduct for failure to report to Military Entrance Processing Station (MEPS) to ship to initial active duty for training, with service uncharacterized.  However, the applicant’s record is void of the complete facts and circumstances concerning the events that led to his discharge from the Army National Guard of the State of Oklahoma and as a reserve of the Army.  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 8-26n, NGR 600-200, by reason of failure to report to IADT Phase 1 or 2 (Code:PE), with a characterization of service of uncharacterized, and a reenlistment eligibility (RE) code of "3."  On 3 July 2006, Oklahoma National Guard, Joint Force Headquarters, Oklahoma City, OK, Orders 184-016, discharged the applicant from the Army National Guard and as a reserve of the Army, effective date:  18 May 2006, with an uncharacterized discharge.    

       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 covers, in pertinent part, reasons for discharge and separation of enlisted personnel from the State Army Reserve National Guard.  Paragraph 8-26(n) of that regulation provides in pertinent part that individuals can be separated for failing to report to IADT phase 1 or 2.  NGR 600-200 regulation states that the service of personnel separated under the provisions of Paragraph 8-26n, 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 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 (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 during the period of enlistment under review, the issues and documents he submitted, the analyst recommends that relief be denied in this case.  The applicant’s record is void of the complete facts and circumstances concerning the events that led to his discharge from the Army National Guard of the State of Oklahoma and as a reserve of the Army.  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.  This document identifies the reason and characterization of the discharge and the analyst presumed Government regularity in the discharge process.  The evidence of record shows that the applicant was discharged under the provisions of Chapter 8, Paragraph 8-2n, NGR 600-200, by reason of failure to report to IADT Phase 1 or 2 (Code:PE), 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).  A fully honorable discharge is not authorized under ELS conditions.  For Soldiers in entry-level status, 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.  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.  Furthermore, the analyst noted the applicant's issue regarding the status of his education level; however, the issue is not a matter on which the Army Discharge Review Board grants a change in discharge.  Further, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  Finally, the analyst determined that the applicant’s 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 Board’s consideration.  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: 4 February 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 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: No Change
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080005099
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