Applicant Name:  ?????

Application Receipt Date: 081007	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 and supporting documentation 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: 021114   Chapter: 8-26n    AR: NGR 600-200
Reason: Failure to Report to IADT Phase 1 or 2	   RE:     SPD: NIF   Unit/Location: HHD, 183d, Per Svc Det, VaARNG, Richmond, VA 

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:  18
Current ENL Date: 010726    Current ENL Term: 08 Years  ARNG
Current ENL Service: 	01 Yrs, 03 Mos, 19 Days ?????
Total Service:  		01 Yrs, 03 Mos, 19 Days ?????
Previous Discharges: 	None
Highest Grade: E2		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:  Newport News, VA
Post Service Accomplishments: None submitted by the Applicant.

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 National Guard and the United States Army Reserve.  The record indicates that on 26 November 2002, Department of the Army and the Air Force, Office of the Adjutant General of Virginia, Virginia Army National Guard, Fort Pickett, Blackstone, VA, Orders 330-023, discharged the Applicant from the Army National Guard and the United States Army Reserve, effective 14 November 2002 (VOAG), with an uncharacterized discharge.  The Applicant's NGB Form 22 states the Applicant was discharged under the authority of NGR 600-200, paragraph 8-26n, by reason of failure to report to IADT phase 1 or 2. 

       b.  Legal Basis for Separation:  
       National Guard Regulation (NGR) 600-200 and Army Regulation 135-178 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 8-26(n) of that regulation provides in pertinent part that individuals can be separated for failing to report to IADT phase 1 or 2.  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 the Applicant’s available records for the period of enlistment under review, and the issue she 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 her discharge from the Army National Guard and the Reserve of the Army.  However, the Applicant’s record contains a properly constituted NGB Form 22 (Report of Separation and Record of Service) which identifies the reason and characterization of the discharge and the analyst presumed Government regularity in the discharge process.  The Applicant’s NGB Form 22 shows the applicant, while in entry-level status, was discharged under the provisions of Chapter 8, Paragraph 8-26n, NGR 600-200, by reason of failure to report to IADT phase 1 or 2 with service uncharacterized.  The analyst noted the Applicant's issue, however, the record does not support the Applicant’s contention, and no evidence to support it has been submitted by the Applicant, that the discharge was the result of any medical condition.  Furthermore, 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 Army National Guard and the United States Army Reserve.    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.  Additionally, at the time of discharge the Applicant was assigned a reentry eligibility (RE) code of “3.”  If reenlistment is desired, the Applicant should contact the local recruiter to determine eligibility to reenlist.  Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes.  Therefore, the analyst recommends 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: 29 July 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: No Change
Other: No Change										
RE Code: 
Grade Restoration:   No   Yes   Grade: No Change
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080015754
______________________________________________________________________________


Page 1 of 3 pages