Applicant Name:  ?????

Application Receipt Date: 2008/09/09	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:   NA

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: Not In File (NIF)
Discharge Received: 			   Date: 050306   Chapter: 8-27f    AR: NGR 600-200
Reason: Unsatisfactory Participation	   RE:     SPD: NA   Unit/Location: Rear Det, 39th CS Bn, Dewitt, AR 

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:  17
Current ENL Date: 030225    Current ENL Term: 8 Years  ?????
Current ENL Service: 	01 Yrs, 00Mos, 00Days ?????
Total Service:  		01 Yrs, 00Mos, 00Days ?????
Previous Discharges: 	IADT 030602-030808/NIF (Concurrent service)
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: None   GT: 104   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: None

V.  Post-Discharge Activity
City, State:  North Little Rock, AR
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence shows the applicant’s record is void of the specific facts and circumstances concerning the events that led to her discharge from the Army.  The record indicates that on 6 March 2005, Department of Military Affairs, State of Arkansas, Camp Robinson, North Little Rock, AR, Orders 065-519, discharged the applicant from the Army National Guard, effective 6 March 2005, with an under other than honorable conditions discharge and assigned her  to the USAR Control Group (Reinforcement), St Louis, Missouri to complete her statutory obligation.  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 8-27f, NGR 600-200, by reason of unsatisfactory participation, with a characterization of service of general 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(f) 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 applicant’s available records for the period of enlistment under review, and the issue and documents she submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  The facts and circumstances pertaining to the applicant’s discharge are not contained in the available records.  The record indicates that on 6 March 2005, Department of Military Affairs, State of Arkansas, Camp Robinson, North Little Rock, AR, Orders 065-519, discharged the applicant from the Army National Guard, effective 6 March 2005, with an under other than honorable conditions discharge and assigned her to the USAR Control Group (Reinforcement), St Louis, Missouri to complete her statutory obligation.  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 8-27f, NGR 600-200, by reason of unsatisfactory participation, with a characterization of service of “general, under other than honorable conditions,” and a Reenlistment Eligibility Code of RE 3.  The applicant correctly revealed that there is an administrative error in her NGB Form 22, block 24, Character of Service, in that it states “general under other than honorable conditions.”  The analyst concluded that this administrative error was harmless.  The applicant had a record of misconduct as indicated by her own admission that she was AWOL for more than 12 periods.  NGR Regulation 600-200 indicates that under this conditions an under other than honorable conditions discharge is normally appropriate.  Furthermore, the record contains Orders Number 065-519, Department of Military Affairs, State of Arkansas, Camp Robinson, North Little Rock, AR, that indicate she was discharged from the Army National Guard, effective 6 March 2005, with an under other than honorable conditions discharge.  The analyst concluded that the evidence did not create a substantial doubt that the discharge would have been any different if the error had not been made.  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: 10 June 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 1    No change 4
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 AR20080014081
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