Applicant Name:  ?????

Application Receipt Date: 2008/10/01	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: 060809   Chapter: 8-27a      AR: NGR 600-200
Reason: Not Selected For Retention	   RE:     SPD: NA   Unit/Location: 1498th Trans Co (HET), Riverside, CA 

Time Lost: NIF

Article 15s (Charges/Dates/Punishment): NIF, the applicant was reduced from SGT/E-5 to SPC/E-4, however, the reduction document is not part of the available record.

Courts-Martial (Charges/Dates/Punishment): NIF

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  39
Current ENL Date: 010212    Current ENL Term: 6 Years  6 year extension (010109)
Current ENL Service: 	05 Yrs, 05Mos, 28Days ?????
Total Service:  		23 Yrs, 05Mos, 15Days the analyst utilized applicant's contract extension, separation orders, and the retirement credits record for computing the period of enlistment under review and total service.
Previous Discharges: 	USAR-830225-830509/NA
                                       IADT-830510-830805/NA
                                       USAR-830806-900614/NA
                                       ARNG-900615-910803/NA
                                       AD-910804-911213/NA
                                       ARNG-911214-010211/NA
                                       AD-030211-031012/HD
                                        (Concurrent Service)
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 88M20 Motor Transport Operator   GT: NIF   EDU: NIF   Overseas: NIF   Combat: NIF
Decorations/Awards: AAM-2, ARCAM, NDSM-2, 

V.  Post-Discharge Activity
City, State:  Norco, CA
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The applicant’s record is void of the specific facts and circumstances concerning the events that led to a discharge from the Army National Guard State of California and assignment to the USAR Control Group (Reinforcement), the Retired Reserve.  On 10 August 2006, Joint Force Headquarters, California  Army National Guard,Sacramento, CA, Orders 222-1060, discharged the applicant from the Army National Guard and assignment to the USAR Control Group (TRR), effective date:  9 August 2006, with a general, under honorable conditions discharge.  

       b.  Legal Basis for Separation:  
       National Guard Regulation (NGR) 600-200, governs procedures for the administrative separation of enlisted personnel of the Army National Guard.  Chapter 8-27a of NGR 600-200 covers, in pertinent part, reasons for discharge and separation of Soldiers from the State Army National Guard not selected for retention by a qualitative retention board, under provisions of AR 135-205, Chapter 4.  Soldier may elect to be reassigned to the USAR Control Group (Reinforcement), the Retired Reserve, or to be concurrently discharged per paragraph 8-26j(8).

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s available military records during the period of enlistment under review and the issues 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 a discharge from the Army National Guard State of California.  However, on 10 August 2006, Joint Force Headquarters, California  Army National Guard, Sacramento, CA, Orders 222-1060, discharged the applicant from the Army National Guard and assignment to the USAR Control Group (Reinforcement), the Retired Reserve, effective date:  9 August 2006, with a general, under honorable conditions discharge.   This document identifies the characterization of the discharge and the analyst presumed Government regularity in the discharge process.  The evidence of record shows that the applicant was discharged under the provisions of Chapter 8, Paragraph 8-27a, NGR 600-200, by reason of not selected for retention.  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.  By his misconduct the applicant diminished the quality of his service below that meriting a fully honorable discharge.  Furthermore, the analyst noted the applicant's issue, the applicant is to be commended for his efforts and his accomplishments outlined in the application since separation from active duty, however, these accomplishments do not provide the Board a basis upon which to grant relief.  Further, the analyst determined that the applicant’s Official Military Personnel File (OMPF) does not contain all the specific documents that would indicate the reason for the separation action from the United States Army.  If the applicant desires to appear before a personal appearance Board, the burden of proof remains with the former Soldier to provide the appropriate documents or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board’s consideration.  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: 29 July 2009         Location: Washington, DC

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 2    No change 3
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: No Change
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080015279
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