Applicant Name:  ?????

Application Receipt Date: 2008/08/14	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 and supporting documents submitted by the Applicant.

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   ?????

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: 070717
Discharge Received: 			   Date: 070720   Chapter: 8-35d(3)    AR: NGR 600-200
Reason: Defective Enlistment or Reenlistment	   RE:     SPD: NA   Unit/Location: Co C, 2-112th IN, Bellefonte, 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:  19
Current ENL Date: 050812    Current ENL Term: 6 Years  ?????
Current ENL Service: 	01 Yrs, 11Mos, 09Days ?????
Total Service:  		01 Yrs, 11Mos, 09Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: None   GT: NIF   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: None

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

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       All the specific facts and circumstances leading to the applicant's discharge from the Army National Guard are not contained in the available records.  However, the record does contain a memorandum dated 17 July 2007, that indicates  that the applicant was temporary disqualified on a new MEPS physical examination and couldn’t be shipped to AIT within the allotted time period due to an open profile on his shoulder and back pain he incurred at his civilian job.  The evidence indicates that Orders 201-1001, Department of Military Affairs, ARNG, State of Pennsylvania, Annville, PA, discharged the applicant from the Army National Guard, effective 20 July 2007, with an uncharacterized separation of service.  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 8-35d(3), NGR 600-200, by reason of defective enlistment or reenlistment, with service uncharacterized and a reenlistment eligibility (RE) code of "3." 

       b.  Legal Basis for Separation:  
       NGR Regulation 600-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 8, Paragraph 8-35d(3), of that regulation provides, in pertinent part, that an unfulfilled enlistment commitment exists when the Soldier receives a written enlistment commitment for which the Soldier is qualified but which cannot be fulfilled by the Army National Guard through no fault of the Soldier.  Soldiers separated under this chapter may be awarded an honorable discharge unless an entry level status separation is required.  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 applicant’s military records during the period of enlistment under review and the issue and documents he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  The evidence of record shows that the applicant had a medical disqualification that precluded him from completing his scheduled training within the allotted time period and was discharged under the provisions of Chapter 8-35d(3), NGR 600-200, by reason of defective enlistment or reenlistment.  The applicant’s service was uncharacterized because he was in entry-level status.  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.  Furthermore, for Soldiers in entry-level status, a fully honorable discharge may be granted only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty.  The analyst determined that no such unusual circumstances were present in the applicant’s record and his service did not warrant an honorable discharge.  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: 22 May 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 AR20080012924
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