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 states in effect:  "I was in Pa. Department of Corrections at the time of my Discharge and at no time to my knowledge did I do anything fraudulently at the time of my entry into the armed services, nor has anyone made me aware of what I could have done that was fraudulent. I recently met with a sgt of the us army who spoke to me about my ability to re-enlist so I can serve my country and he informed me after researching my military history that I was given a code of RE-4 which made me ineligable to re-inlist. I was given several numbers to call to investigate this RE-4 fraudulent entry and everyone I spoke with advised me to submit this application. I am requesting that this be removed from my records, I have no knowledge of anything fraudulent taking place during my re-entry to the armed services and I was incarcerated for a period of two and a half years without the ability to contact anyone in my unit and my ex-girlfriend (my childrens mother Michelle Russ recieved an Honorable Discharge and sent it to me in the Pa Deptartment of Corrections) A year ago I applied for a copy of my military records just to have in my possesion, at no time did I relize that I was forbiden to re-enlist because of an RE-4 until recently being told by SGT. Jackson. I would be honored to have the opportunity to re-enlist but if I am unable to I would not want it to be becaus of an RE-4 that is not valid. If in some way it is then please make me aware of it, 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: Not In File (NIF)
Discharge Received: 			   Date: 020211   Chapter: 8-26g(4)    AR: NGR 600-200
Reason: Fraudulent Entry	   RE:     SPD: NA   Unit/Location: HHC, 28th Div Support Command, Harrisburg, PA 

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:  41
Current ENL Date: 000821    Current ENL Term: 2 Years  ?????
Current ENL Service: 	01 Yrs, 05Mos, 21Days ?????
Total Service:  		07 Yrs, 05Mos, 21Days ?????
Previous Discharges: 	IADT 781126-790407/HD
                                       ARNG 780918-810522/UOTH
Highest Grade: E-1		Performance Ratings Available: Yes    No 
MOS: 92A10/Autom Log Spc   GT: 118   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: None

V.  Post-Discharge Activity
City, State:  Harrisburg, PA
Post Service Accomplishments: None listed

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 National Guard of the State Pennsylvania.  The evidence indicates that on 25 January 2002, HQ, Military Department, State of Pennsylvania, Office of the Adjutant General, Annville, PA, Orders 017-023 discharged the applicant from the Army National Guard and as a Reserve of the Army, effective date 11 February 2002, with a general under honorable conditions discharge.  The record does contain 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 8-26g(4), NGR 600-200, by reason of fraudulent entry with a characterization of service of general, under honorable conditions, and a reenlistment eligibility (RE) code of "4."

       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 8-26g(4) of that regulation provides in pertinent part that individuals can be separated for fraudulent entry.  
       

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s available military 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 applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the State of Pennsylvania Army National Guard 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 indicates that the applicant was unavailable for signature.  This document identifies the reason and characterization of the service and the analyst presumed Government regularity in the discharge process.  The evidence of record shows the applicant was discharged under the provisions of Chapter 8, paragraph 8-26g(4), NGR 600-200, by reason of fraudulent entry with a characterization of service of general, under honorable conditions.  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, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “4.”  An RE code of “4” cannot be waived and the applicant is no longer eligible for reenlistment.  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: 18 March 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 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 AR20080010590
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