Applicant Name:  ?????

Application Receipt Date: 2008/08/05	Prior Review:     Prior Review Date: NA     

I.  Applicant 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?	     
Tender Offer:   NA

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: 021108
Discharge Received: 			   Date: 030201/010709   Chapter: 8-27y     NGR: 600-200
Reason: Medically Unfit for Retention	   RE:     SPD: NA   Unit/Location: 229th Chemical Company, 32 Reserve Ave, Roanoke, VA 

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:  22
Current ENL Date: 010710    Current ENL Term: NIF Years  ?????
Current ENL Service: 	01 Yrs, 06Mos, 21Days ?????
Total Service:  		02 Yrs, 05Mos, 06Days ?????
Previous Discharges: 	ARNG-000825-010221/NA
                                       ADT-010222-010709/UNC
                                       (Concurrent Service)
Highest Grade: E3		Performance Ratings Available: Yes    No 
MOS: None   GT: 125   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: None

V.  Post-Discharge Activity
City, State:  Valrico, FL
Post Service Accomplishments: None

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The complete facts and circumstances pertaining to the applicant’s discharge from the Army National Guard   State of Virginia and as a Reserve of the Army are not contained in the available records.  However, evidence shows that on 8 November 2002, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 6, AR 135-178, Paragraph 6-5, by reason of medically unfit for service, with an uncharacterized discharge.  On 7 February 2003, a Memorandum for the Adjutant General of Virginia from the DA, 91st Troop Command Headquarters State Area Command, Virginia Army National Guard, Richmond, VA which was signed by the S1 states "I concur with the commander's decision to discharge and reassign the applicant to the USAR Control Group (Annual Training) for the completion of her enlistment contract, the Soldier failed to ship to and/or completed IADT within a 24 month period."  On 10 February 2003, Departments of The Army and Air Forces, Office of The Adjutant General of Virginia, Virginia National Guard, Blackstone, Virginia, Orders 041-070, discharged the applicant from the Army National Guard and as a Reserve of the Army, effective date: 1 February 2003, with a uncharacterized discharge.  The authority was Paragraph 6-6, AR 135-178 and verbal orders of the Adjutant General.  On 11 March 2003, Departments of The Army and Air Forces, Office of The Adjutant General of Virginia, Virginia National Guard, Blackstone, Virginia, Orders 070-053, revoked Orders 041-070, dated 10 February 2003, and discharged the applicant from the Army National Guard; effective date: 9 July 2001, with a uncharacterized discharge.  The authority was Paragraph 8-27y, NGR 600-200 and verbal orders of the Adjutant General.  The record does contain a 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 8-27y, NGR 600-200, by reason of medically unfit for retention per AR 40-501, with service uncharacterized and a reenlistment eligibility (RE) Code of "3."

       b.  Legal Basis for Separation:  
       National Guard Regulation (NGR) 600-200 and Army Regulation 135-178 govern procedures for the administrative separation of enlisted personnel of the Army National Guard and Army Reserve.  Chapter 8 of NGR 600-200, paragraph 8-26y covers, in pertinent part, reasons for discharge and separation of enlisted personnel from the State Army National Guard and as a Reserve of the Army, who are medically unfit for retention per AR 40-501.  Commanders, who suspect that a  Soldier may not be medically qualified for retention, will direct the Soldier to report for a complete medical examination per AR 40-501.  Commanders who do not recommend retention will request the Soldier's discharge.  NGR 600-200 policy states that the service of personnel separated under the provisions of Paragraph 8-26y, NGR 600-200, may receive an uncharacterized discharge.  For ARNGUS and USAR Soldiers, entry-level status begins upon enlistment in the ARNG or USAR.  For Soldiers ordered to IADT for one continious 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 (IADT).  (Soldiers completing Phase I BT or basic combat training (BCT) remain in entry-level status 90 days after beginning Phase II.)  

       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,  the issues and documents 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 Virginia and as a Reserve of the Army.  However, on 1 February 2003 and later 11 March 2003, Departments of The Army and Air Forces, Office of The Adjutant General of Virginia, Virginia National Guard, Blackstone, Virginia, Orders 041-070 and 070-053, discharged the applicant from the Army National Guard State of Virginia and as a Reserve of the Army, with an uncharacterized discharge.  This document identifies the characterization of the discharge and the analyst presumed Government regularity in the discharge process.  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 issues, however, the evidence of record shows that the applicant  was released from training  while in entry-level status.  For ARNGUS 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.  Soldiers completing Phase I (BCT) remain in entry-level status until 90 days after beginning Phase II.  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 that the Board deny relief. 
       
       Additionally, the applicant makes reference to her DD Form 214 only showing time on active duty and that she has not received any recognition for time after from July 01 to 03, and that she served honorably; however, these issues do not fall within the purview of this Board.  The applicant may apply to the Army Board for Correction of Military Records regarding these issues utilizing a DD Form 149, which can be obtained at a local military installation, from veteran assistance offices or online at http://actsonline.army.mil.
       
       
       
       
       
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 22 April 2009         Location: Atlanta, GA

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: Yes 

Exhibits Submitted: None

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review, hearing her testimony, 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 AR20080012664
______________________________________________________________________________


Page 3 of 3 pages