Applicant Name: ?????
Application Receipt Date: 081110 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: Date: 030924
Discharge Received: Date: 031001 Chapter: 8-26g(9) AR: NGR 600-200
Reason: Concealment of Medical Defects RE: SPD: NA Unit/Location: 2133rd Trans Co, LT TRK Rear, Centerville, IA
Time Lost: None
Article 15s (Charges/Dates/Punishment): None
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 29
Current ENL Date: 990521 Current ENL Term: 8 Years ARNG
Current ENL Service: 4 Yrs, 4Mos, 11Days ?????
Total Service: 4 Yrs, 4Mos, 11Days ?????
Previous Discharges: None
Highest Grade: E4 Performance Ratings Available: Yes No
MOS: 88M10 Motor Transport Op GT: 99 EDU: HS Grad Overseas: None Combat: None
Decorations/Awards: ARCAM, ASR
V. Post-Discharge Activity
City, State: Albia, IA
Post Service Accomplishments: The applicant provided copies of two certificates stating he is on the Dean's List for the Spring and Summer terms of 2008 at the Indian Hills Community College.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence shows the applicants record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army. The record indicates that on 22 October 2003, Joint Forces Headquarters-Iowa, Office of the Adjutant General Camp Dodge 7700 NW Beaver Drive, Johnston, Iowa, Orders 295-042, discharged the applicant from the Army National Guard, effective 1 October 2003, with an under other than honorable conditions discharge. 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 8-26g(9), NGR 600-200, by reason of concealment of medical defects, 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 135-78 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.
c. Response to Issues, Recommendation and Rationale:
After a careful review of the applicants available military records for the period of enlistment under review, the issue and documents he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The applicants record is void of the specific facts and circumstances concerning the events that led to his discharge from the State of Iowa Army National Guard and a Reserve of the Army. However, the record does contain a properly constituted NGB Form 22 (Report of Separation and Record of Service), which indicates that the applicant was unavailable for signature. This document identifies the reason and characterization of the service and the analyst presumed Government regularity in the discharge process. The evidence of record shows the applicant was discharged under the provisions of Chapter 8, paragraph 8-26, NGR 600-200, by reason of concealment of medical defects with a characterization of service of under other than honorable conditions. 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. The analyst noted the applicants contentions; however, the evidence was not sufficiently mitigating to warrant an upgrade of the discharge under review. Furthermore, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of 3. 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: 090819 Location: Washnington 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 applicants record of service during the period of enlistment under review and considering the analysts 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 AR20080017632
______________________________________________________________________________
Page 1 of 2 pages
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