Applicant Name:
Application Receipt Date: 2008/08/29 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See enclosed DD Form 293 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: NIF Date: NIF
Discharge Received: Date: 070319 Chapter: 8-35j AR: NGR 600-200
Reason: Unsatisfactory Participation RE: SPD: NA Unit/Location: 34th MP Co, 34th ID, Rosemount, MN
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: 20
Current ENL Date: 030307 Current ENL Term: 8 Years 0
Current ENL Service: 4 Yrs, 0Mos, 13Days ?????
Total Service: 4 Yrs, 0Mos, 13Days ?????
Previous Discharges: ADT 030402-030808/HD
Highest Grade: E-3 Performance Ratings Available: Yes No
MOS: 31B Military Police GT: 113 EDU: HS Grad Overseas: None Combat: Afghanistan (030923-040516)
Decorations/Awards: AFRM W/M, ARCOM, NDSM, ASR, GWOTEM
V. Post-Discharge Activity
City, State:
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 State of Minnesota Army National Guard 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 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. Paragraph 8-27(g) 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 applicants military records, and the independent evidence he submitted, the analyst recommends to the Board that the applicants characterization of service be upgraded to general under honorable conditions. This recommendation was made after full consideration of his faithful and honorable service. The evidence in this case supports a conclusion that the applicant's characterization of service was too harsh and as a result it is inequitable. The analyst noted that the overall length and quality, of the applicant's service to include his combat service and independent medical documents he submitted warrant an upgrade of the discharge under review. Accordingly, the analyst recommends that the applicants characterization of service be upgraded to general under honorable conditions. However, the analyst determined that the reason for discharge remains both proper and equitable.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 17 October 2008 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 applicants record of service during the period of enlistment under review and considering the analysts recommendation and rationale, the Board determined that the characterization of service was too harsh, and as a result it is inequitable. The Board determined that the applicants overall length and quality to include his combat service and medical diagnosis mitigated the discrediting entries of his service record. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general under honorable conditions. However, the Board determined that the reason for discharge was proper and equitable and voted not to change it.
IX. Board Decision
XI. Certification Signature
Board Vote: Approval Authority:
Character - Change 5 No change 0
Reason - Change 0 No change 5
(Board member names available upon request)
EDGAR J. YANGER
Colonel, U.S. Army
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: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20080013570
______________________________________________________________________________
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