Applicant Name:  ?????

Application Receipt Date: 2008/06/09	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The Applicant requests an upgrade to HD and a reason change to medical.  He states that he was severely affected by PTSD from his wartime service in Iraq, resulting in his general rather than honorable under medical conditions discharge.  He provides 4 supporting documents with his request and includes a VA Administration determination of 70 percent disability rating for PTSD.

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: Not in File (NIF)
Discharge Received: 			   Date: 060415   Chapter: 8-26k    AR: NGR 600-200
Reason: Unsatisfactory Participation	   RE:     SPD: NA   Unit/Location: 1058th Trans. Co, Hingham, MA 

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:  18
Current ENL Date: 010127    Current ENL Term: 8 Years  ?????
Current ENL Service: 	05 Yrs, 02Mos, 19Days ?????
Total Service:  		05 Yrs, 02Mos, 19Days ?????
Previous Discharges: 	IADT 010321-010823/UNC
                                       OAD 030203-050605/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 88M10/Motor Trans Op   GT: NIF   EDU: GED   Overseas: SWA   Combat: Iraq/Kuwait (030418-040418)
Decorations/Awards: ARCOM, NDSM, GWOTSM, GWOTEM, AGCM, AFRM, ASR

V.  Post-Discharge Activity
City, State:  Dorchester, MA
Post Service Accomplishments: Discharged from the USAR on 090127, after completing his statutory obligation, with an honorable discharge.

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 record indicates that on 28 April 2006, Department of Military Affairs, Joint Force HQ, Massachusetts ARNG, Milford, MA, Orders 118-2, discharged the applicant from the Army National Guard, effective 15 April 2006, with a general, under honorable conditions discharge and assigned him to the USAR Control Group (Reinforcement), St Louis, Missouri to complete his statutory obligation.  The record contains a properly constituted NGB Form 22 (Report of Separation and Record of Service).  It indicates that the applicant was discharged under the provisions of Paragraph 8-26k, NGR 600-200, by reason of unsatisfactory participation, with a characterization of service of general under honorable conditions, and a reenlistment eligibility (RE) code of "3." 

       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 8-26k 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 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 28 April 2006, Department of Military Affairs, Joint Force HQ, Massachusetts ARNG, Milford, MA, Orders 118-2, discharged the applicant from the Army National Guard, effective 15 April 2006, with a general, under honorable conditions discharge and assigned him to the USAR Control Group (Reinforcement), St Louis, Missouri to complete his statutory obligation.  The record contains a properly constituted NGB Form 22 (Report of Separation and Record of Service).  It indicates that the applicant was discharged under the provisions of Paragraph 8-26k, 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.  The analyst acknowledges the applicant's diagnosis of PTSD by the Department of Veterans Affairs.  However, in review of the applicant’s entire service record, the analyst determined that the applicant’s Official Military Personnel File (OMPF) does not contain all the documents that would indicate the specific circumstances of the separation action from the Army National Guard.  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.  Additionally, the applicant was discharged under the provisions of Chapter 8, Paragraph 8-26k, NGR 600-200.  The narrative reason specified by Army National Guard Regulations for a discharge under this paragraph is "Unsatisfactory Performance."  NGR 600-200, Separation Documents, governs preparation of the NGB Form 22, and dictates that entry of the narrative reason for separation, entered in block 23 of the form, will be entered exactly as listed in the said regulation.  There is no provision for any other reason to be entered under this regulation.  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: 2009/03/06         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 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: NA
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080009459
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