Applicant Name: ?????
Application Receipt Date: 080718 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See enclosed DD Form 293 and 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: NIF
Discharge Received: Date: 070929 Chapter: 8-35d(4) AR: ARNG 600-200
Reason: Entry Level Performance RE: SPD: NIF Unit/Location: 583rd Military Police Det Youngstown, OH
Time Lost: NIF
Article 15s (Charges/Dates/Punishment): NIF
Courts-Martial (Charges/Dates/Punishment): NIF
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 19
Current ENL Date: 050818 Current ENL Term: 6 Years ?????
Current ENL Service: 2 Yrs, 6Mos, 5Days ?????
Total Service: 2 Yrs, 6Mos, 5Days ?????
Previous Discharges: None
Highest Grade: E2 Performance Ratings Available: Yes No
MOS: None GT: 120 EDU: HS Grad Overseas: None Combat: None
Decorations/Awards: None
V. Post-Discharge Activity
City, State: Lake Milton, OH
Post Service Accomplishments: None listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence shows the applicants record is void of the specific facts and circumstances concerning the events that led to her discharge from the Army National Guard. The record indicates that on 21 February 2008, State of Ohio Adjutant Generals Department 2825 West Dublin Granville Road, Columbus, OH, Orders 052-214, discharged the applicant from the Army National Guard, effective 22 February 2008, with an uncharacterized discharge. 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 8-35e, NGR 600-200, by reason of entry level performance with an uncharacterized separation and a reenlistment eligibility (RE) code of "3." Furthermore, orders 278-108, State of Ohio ARNG, indicate the applicant was specifically being discharged for failure to complete initial training within 2 years.
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 8-26(n) of that regulation provides in pertinent part that individuals can be separated for failing to report to IADT phase 1 or 2. For ARNGUS and USAR soldiers, entry-level status begins upon enlistment in the ARNG or USAR. For soldiers ordered to IADT for one continuous period, It terminates 180 days after beginning training. For soldiers ordered to IADT for the split or alternate training option, it terminates 90 days after beginning Phase II advanced individual training (AIT). Soldiers completing Phase I BT or basic combat training (BCT) remain in entry-level status until 90 days after beginning Phase II.
c. Response to Issues, Recommendation and Rationale:
After a careful review of all the applicants available records for the period of enlistment under review, and the issue she submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The applicants record is void of the specific facts and circumstances concerning the events that led to her discharge from the Army National Guard and the Reserve of the Army. However, the applicants record contains a properly constituted NGB Form 22 (Report of Separation and Record of Service) which identifies the reason and characterization of the discharge and the analyst presumed Government regularity in the discharge process. The applicants NGB Form 22 shows the applicant, while in entry-level status, was discharged under the provisions of Chapter 8, Paragraph 8-35e, NGR 600-200, by reason of entry level performance with service uncharacterized discharge. Furthermore, the analyst noted the applicant's issue, in that she requests that a new DD Form 214 be issued for her IADT service while attending basic training, however, the correction that the applicant requests, does not fall within the purview of this Board. The applicant may apply to the Army Board for Correction of Military Records (ABCMR), utilizing DD Form 149 regarding this matter. An application for that Board is enclosed. Therefore, the analyst recommends 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: 090506 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 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.
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 AR20080012442
______________________________________________________________________________
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