Applicant Name:  ?????

Application Receipt Date: 080530	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See enclosed DD Form 293 and supporting documents submitted by the Applicant.

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   No

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: NIF
Discharge Received: 			   Date: 991001   Chapter: 8-27f    AR: NGR 600-200
Reason: Unsatisfactory Participant	   RE:     SPD: NA   Unit/Location: HHT, 1/18th Cav, Ontario, CA 

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:  23
Current ENL Date: 951128    Current ENL Term: 06 Years  PA ARNG
Current ENL Service: 	03 Yrs, 10 Mos, 04 Days ?????
Total Service:  		10 Yrs, 08 Mos, 28 Days ?????
Previous Discharges: 	USN - 910212-930512/HD
                                       USNR - 930513-951127/NIF
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 91B  Combat Medic   GT: 101   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR

V.  Post-Discharge Activity
City, State:  Uniontown, PA
Post Service Accomplishments: The record of evidence indicates the Applicant was discharged from the PA ARNG with an honorable discharge and reenlistment eligibility code 1, for the period 000523-010522, under the authority of NGR 600-200, paragraph 8-26i, expiration of service obligation.  

The record of evidence indicates the Applicant was discharged from the US Army Reserve with an honorable discharge on 020820, Orders D-08-233703, period of service NIF.

The record of evidence contains a NGB Form 22, Report of Separation and Record of Service, discharging the Applicant from the PA ARNG with an honorable discharge and reenlistment eligibility code 3, for the period 041120-060430.  However, Orders 097-1016, Commonwealth of Pennsylvania, Department of Military and Veterans Affairs, The Adjutant General, Annville, PA, dated 7 April 2006, discharged the Applicant from the Army National Guard and as a reserve of the Army, with a general, under honorable conditions discharge, under the authority of NGR 600-200, paragraph 8-26e(2).


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 Applicant enlisted in the PA ARNG on 951128 and transferred to the CA ARNG on 990302.The record indicates that on 29 October 1999, the Army National Guard of California, Orders 302-040, discharged the Applicant from the Army National Guard, effective 1 October 1999, with an under honorable conditions discharge.  The record contains a properly constituted NGB Form 22 (Report of Separation and Record of Service) and indicates the Applicant was discharged under the provisions of Paragraph 8-27f, NGR 600-200, by reason of being an unsatisfactory participant, with a characterization of service of under honorable conditions, and a reenlistment eligibility code of "3."   The record also contains a California Army National Guard Form 600-2R (draft), Request for Discharge of Enlisted Members, dated 3 October 1999, indicating the Applicant was AWOL having missed 9 drills, and recommending the Applicant be discharged with an under other than honorable conditions discharge.  However, the record also contains Orders 302-040, State of California, Office of the Adjutant General, 9800 Goethe Road, Sacremento, California, discharging the Applicant with an uncharacterized characterization and reenlistment eligibility code 3. This document discharged the Applicant from the Army National Guard and assigned him to the USAR Control Group.

       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 8-27(g) 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 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 facts and circumstances pertaining to the Applicant’s discharge are not contained in the available records.  On 29 October 1999, the Army National Guard of California discharged the Applicant from the Army National Guard with a general, under honorable conditions discharge.  The record contains a properly constituted NGB Form 22 (Report of Separation and Record of Service) and indicates that the Applicant was discharged under the provisions of Paragraph 8-27f, 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. 

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 22 June 2009         Location: Chicago, IL

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: No Change										
RE Code: 
Grade Restoration:   No   Yes   Grade: No Change
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080008805
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