Applicant Name:  

Application Receipt Date: 2008/06/04	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 and supporting 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: 071018
Discharge Received: 			   Date: 080131   Chapter: 8-35j    AR: NGR 600-200
Reason: Unsatisfactory Participation	   RE:     SPD: NA   Unit/Location: 1071st Maint Co, Grayling, MI 

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: 020909    Current ENL Term: 8 Years  ?????
Current ENL Service: 	05 Yrs, 04Mos, 22Days ?????
Total Service:  		05 Yrs, 04Mos, 22Days ?????
Previous Discharges: 	IADT 021003-030402/HD (Concurrent Service)
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 92A10/Autom Log Spc   GT: NIF   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: ASR

V.  Post-Discharge Activity
City, State:  Fort Myers, FL
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 31 December 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 8, paragraph 8-35j, NGR 600-200, by reason of unsatisfactory participation for missing multiple unit training assemblies, with an under other than honorable conditions discharge.  The applicant was advised of her rights via certified mail and was given 45 days to consult with legal assistance and exercise her rights.  The applicant’s election of rights documentation is not contained in the available record.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed action and recommended separation from the Army National Guard.  On 17 January 2008, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than honorable conditions.  The applicant was to be reduced to the lowest enlisted rank.
       

       b.  Legal Basis for Separation:  
       National Guard Regulation (NGR) 600-200 and Army Regulation 135-178 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 8-35j 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 applicant’s military records, the issue, and documents she submitted with  her application, the analyst determined that the applicant’s characterization of service is improper.  The record shows that the applicant was notified of her separation proceedings under Board Procedures, AR 135-178, paragraph 3-10. She was notified that the final decision for her separation and characterization of service rested with The Adjutant General of the State of Michigan in his capacity as the General Court Martial Convening Authority (GCMCA).  The record indicates that the Special Court Martial Convening Authority (SPCMCA) approved the applicant’s discharge with an under other than honorable conditions discharge.  Notwithstanding the propriety of the discharge, the analyst determined that in accordance with AR 135-178, Section III, paragraph 3-10a, the least favorable characterization of service that the SPCMCA could have approved would have been a general, under honorable conditions.  Accordingly, the analyst recommends that the applicant’s characterization of service be upgraded to general, under honorable conditions.  By her unsatisfactory participation, the applicant diminished the quality of her service below that meriting a fully honorable discharge.  The analyst found that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable.  This action entails restoration of grade to E-4/SPC.
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 1 April 2009         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 characterization of service granted is improper.  The applicant was notified of her separation under Board Procedures, AR 135-178, paragraph 3-10. The final decision for her separation and characterization of service rested with The Adjutant General of the State of Michigan in his capacity as the General Court Martial Convening Authority (GCMCA).  The record indicates that the Special Court Martial Convening Authority approved the applicant’s discharge with an under other than honorable conditions discharge.  The Board determined that in accordance with AR 135-178, Section III, paragraph 3-10a, the least favorable characterization of service that the Special Court Martial Convening Authority could have approved would have been a general, under honorable conditions.  Accordingly, the Board voted to upgrade the applicant’s characterization of service to general, under honorable conditions.  However, the reason for discharge was both proper and equitable and the Board voted not to change it.   This action entails restoration of grade to E-4/SPC.
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 5    No change 0
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: General, Under Honorable Conditions  
Change Reason to: None
Other: Thru:  Chief, National Guard Bureau            
To:  Adjutant General, State of Michigan

            The Army Discharge Review Board, established under the provisions of Section 30, Public Law 346, 78th Congress, 22 June 1944 and codified as Title 10, United States Code, Section 1553, in the case of the applicant named in Part I recommends that the applicant be considered for a change of her discharge by the Adjutant General, State of Michigan, with issuance of a new NGB Form 22a, as follows:
                  
           ( X )   Change characterization of discharge to General, Under Honorable Conditions.
           ( X )   This action entails a restoration of grade to E-4/SPC.
           ( X )   Other (see remarks below). 
Remarks:  This action entails a change to the applicant’s discharge from the Reserve of the Army to reflect a characterization of service of general, under honorable conditions.  ARBA Support Division-St. Louis, is directed to ensure that the applicant’s discharge from the Reserve of the Army reflects the aforementioned change.
RE Code:  
Grade Restoration:   No   Yes  Grade:  E-4/SPC.

ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080008850
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