Applicant Name: ?????
Application Receipt Date: 080609
Prior Review Prior Review Date: None
I. Applicant Request
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?
Yes No Tender Offer: ?????
See Attachments: Legal Medical Minority Opinion Exhibits
III. Original Character of Discharge
Unit CDR Recommended Discharge: Date: 070313
Discharge Received: Date: 070503
Chapter: 8-27g AR: (NGR) 600-200
Reason: Unsatisfactory Participation
RE: SPD: NIF
Unit/Location: C Co, 1-150th AR, Berkley, WV
Time Lost: None
Article 15s (Charges/Dates/Punishment): The applicant was reduced from E-5 to E-4 under the provisions of Chapter 11, NGR 600-200.
Court-Martials (Charges/Dates/Punishment): NA
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Year/Month: 7704
HOR City, State: Institute, WV
Current ENL Date: 031001 Current ENL Term: 6 Years ?????
Current ENL Service: 01 Yrs, 04Mos, 16Days ?????
Total Service: 05 Yrs, 08Mos, 04Days ?????
Previous Discharges: NA
Highest Grade: E-5
Performance Ratings Available: Yes No
MOS: 19K20 M1 Armor Crewman GT: NIF EDU: GED Cert Overseas: Iraq Combat: Iraq (040229-041227)
Decorations/Awards: ARCOM, NDSM, GWOTSM, GWOTSM, AFSMM, ASR
V. Post-Discharge Activity
Post Service Accomplishments: None listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 13 March 2007, the unit commander notified the applicant by certified mail of initiation of separation action under the provisions of Chapter 8-27g, NGR 600-200, by reason of unsatisfactory participation, for being charged with 16 periods of unexcused absences within a one year period (061210 thru 061210, 070120 thru 070112, 070116 thru 070218, 070308 thru 070311), with an general under honorable condictions discharge. The applicant was given 15 days from the date of the receipt of the notification letter to exercise his rights to counsel and to submit statements in his on behalf. On 13 April 2007, the certified notification letter was returned to the sender. The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general under honorable conditions discharge. On 24 April 2007, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general under honorable conditions.
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 all the applicants military records, and the independent evidence he submitted, the analyst recommends to the Board that the applicants characterization of service be upgraded to fully honorable. This recommendation was made after full consideration of his faithful and honorable service, to include his combat service, as well as his record of misconduct. The applicant served nearly six years in the Army National Guard, and attained the rank of Sergeant (E-5), and received a Army Commendation Medal for service in Iraq. Given the above factors, and his documented PTSD, it is recommended to the Board that the applicant's unsatisfactory performance was mitigated by service of sufficient length and merit to warrant an upgrade of the discharge under review. Accordingly, the analyst recommends that the applicants characterization of service be upgraded to fully honorable. However, the analyst determined that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 080723
Location: Washington DC
Did the Applicant Testify? Yes No
Counsel: NA
Witnesses/Observers: None
Exhibits Submitted: None
VIII. Board Decision
The discharge was: Proper Improper
Equitable Inequitable
The characterization of service was: Proper Improper
Equitable Inequitable
The narrative reasons were: Equitable Inequitable
DRB voting record: Change 2 No change 3 - Character
Change 0 No change 5 - Reason
(Board member names available upon request)
IX. 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.
X. Board Action Directed
No Change
Issue a new DD Form 214
Change Characterization to:
Change Reason to: NA
Other: NA
RE Code:
Grade Restoration: No Yes Grade: None
XI. Certification Signature and Date
Approval Authority:
MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board
Official:
CHRISTINE U. MARTINSON DATE: 080725
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20080009266
______________________________________________________________________
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