Applicant Name: ?????
Application Receipt Date: 080811 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: 050831 Chapter: 8-26g(4) AR: 600-200
Reason: Fraudulent Entry RE: SPD: NIF Unit/Location: DET 1, 1538th Trans Co (PYVA1-EB3), 2313 S. Oakland Ave, Elkhart, IN
Time Lost: None
Article 15s (Charges/Dates/Punishment): None
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 22
Current ENL Date: 030620 Current ENL Term: 8 Years ?????
Current ENL Service: 2 Yrs, 2Mos, 11Days ?????
Total Service: 2 Yrs, 2Mos, 11Days ?????
Previous Discharges: ADT 030805-031125/UNC (Concurrent Service)
Highest Grade: E4 Performance Ratings Available: Yes No
MOS: 88M10/ Motor Trans OP GT: 118 EDU: AAS 2yr degree Overseas: None Combat: None
Decorations/Awards: ASR
V. Post-Discharge Activity
City, State: South Bend, IN
Post Service Accomplishments: Nothing stated by the Applicant
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 his discharge from the Army National Guard of the State Indiana. The evidence indicates that on 2 August 2005, Joint Forces Headquarters Indiana, Indianapolis, IN, Orders 214-026 discharged the applicant from the Army National Guard and as a Reserve of the Army, effective date 31 August 2005, with a general 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 Condition, 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.
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 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 applicants discharge are not contained in the available records. On 2 August 2005, Joint Forces Headquarters Indiana, Indianapolis, IN, Orders 214-026 discharged the applicant from the Army National Guard and as a Reserve of the Army, effective date 31 August 2005, 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 "3." 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: 090623 Location: Chicago, IL
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 AR20080012821
______________________________________________________________________________
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