Applicant Name:  ?????

Application Receipt Date: 2008/06/05	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states "I did not participate in the monthly drills.  I did not intend to but I have a family that I have to provide for so I chose to work instead of going to drills. I was working for a seafood company at the time and they was aware of that I was in the National Guard but I couldnt get the weekend off.  I notified my Captain that I couldn't make drills so thats when the discharge take place and they also reduce my rank."

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: 	NIF   Date: NIF
Discharge Received: 			   Date: 080331   Chapter: 8-35j    AR: NGR 600-200
Reason: Unsatisfactory Participation  (NGB Form Discharge for Continuous and Willful Absence)	   RE:     SPD: NA   Unit/Location: Det 1, HHC, 297th Spt Bn, Wasilla, AK 

Time Lost: NIF

Article 15s (Charges/Dates/Punishment): NIF

Courts-Martial (Charges/Dates/Punishment): NIF

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  26
Current ENL Date: 030910    Current ENL Term: 5 Years  4 Mos, 6 Days, with an approved reentry eligibility (RE) code waiver (030911)
Current ENL Service: 	04 Yrs, 06Mos, 22Days ?????
Total Service:  		09 Yrs, 06Mos, 25Days Item 12c on the NGB Form 22, prior active Federal Service is incorrect, should read 05 Yrs, 00 Mos, 03 Days
Previous Discharges: 	RA-971029-000622/HD
                                         (Break In Service)
                                       AD-041004-050901/HD
                                       ARNG-050902-050904/NA
                                       AD-050905-070215/HD
                                        (Concurrent Service)
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 92F10 Petroleum Supply Spec   GT: 98   EDU: 3 Years College   Overseas: Hawaii (Prior Service)   Combat: None
Decorations/Awards: NDSM, GWOTSM, ASR

V.  Post-Discharge Activity
City, State:  Columbus, GA
Post Service Accomplishments: None Listed 




VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The specific facts and circumstances pertaining to the applicant’s discharge from the Army National Guard  State of Alaska and as a Reserve of the Army are not contained in the available records.  However, the record does contain a properly constituted NGB Form 22 (Report of Separation and Record of Service), which the applicant was unavailable for signature.  It indicates that the applicant was discharged under the provisions of  paragraph 8-35j, NGR 600-200, by reason of unsatisfactory participation, with a characterization of service of under other than honorable conditions, with a reenlistment eligibility (RE) Code of " 3."  On 1 April 2008, Departments of the Army and the Air Force, Alaska Army National Guard Element Joint Forces Headquarters, Fort Richardson, AK, Orders 092-001, discharged the applicant from the Army National Guard and as a Reserve of the Army, effective date: 31 March 2008, with an under other than honorable conditions discharge.  
       
       The applicant was reduced to PV2/E-2 for unsatisfactory participation (080117).

       b.  Legal Basis for Separation:  
       National Guard Regulation (NGR) 600-200 and Army Regulation 135-178 govern procedures covering enlisted personnel 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 available military records for the period of enlistment under review and the issues 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 Army National Guard  State of Alaska and as a Reserve of the Army.  However, the available records does contain a properly constituted NGB Form 22 (Report of Separation and Record of Service, which the applicant was unavailable for signature.  This document identifies the reason and characterization of the discharge 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 8-35j, NGR 600-200, by reason of unsatisfactory participation with an under other than honorable conditions characterization of service.  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, the analyst noted the applicant's issue and  determined that the applicant had many legitimate avenues through which to obtain assistance or relief, without committing the misconduct, which led to the separation action under review.  Further, the analyst determined that the applicant’s Official Military Personnel File (OMPF) does not contain all the specific documents that would indicate the reason for the separation action from the United States Army.  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.  In view of the foregoing, the analyst determined that the reason for discharge and the characterization of service were 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, DC

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 2    No change 3
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: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080010598
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