Applicant Name:  

Application Receipt Date: 2008/12/15	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The Applicant states, "I was under the impression that I was on the Inactive National Guard List. I told my Platoon Leader that my Dad was sick and I need to take some time off and take care of both of my Parents. I told him I wanted to be placed on the InActive National Guard List. He said ok and that was all there was addressed concerning that issue.(Nevertheless, my dad died June this year). Thus, with the Burden of Elderly Parent care released, I know that I am ready to start serving my Country again and futher my Education. However, when I tried to re-enlist back in The National Guard. I found out that I have a Discharge Other Than Honorable Conditions. Although, I was not even processed out and no action of Notification was administered to me, I just felt I was still on the InActive National Guard List. Therefore, I Pray that I am able to have my Type of Discharge change and Serve my Country again. Thus, I'm aware that I did not follow through with my status in The National Guard, and that I just assumed. Eventhough, Looking back over my History in the Active Duty Army, one will see that I was discharge under Honorable and a Reenlistment code of RE-1A. So I reenlisted in the Guard. And the time I did spend in The National Guard, there were no problems. I was a Good & Respectable Soldier. However, I am throwing myself on the Mercy of the board to please re-consider my Type of Discharge, and allow me to be All that I can be and that is to serve my Country". 

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: 050227   Chapter: 8-26k     AR: NGR 600-200
Reason: Unsatisfactory Participation	   RE:     SPD: NA   Unit/Location: HHC, 156 Sig BN (Corps SPT-MSE), Ysilanti, MI 

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:  43
Current ENL Date: 021223    Current ENL Term: 3 Years  Waiver for RE-3/Misconduct granted by the Adjutant General of Michigan on 021223.
Current ENL Service: 	02 Yrs, 02Mos, 05Days ?????
Total Service:  		09 Yrs, 02Mos, 05Days ?????
Previous Discharges: 	RA 791128-850327/HD
                                       USAR 930504-940406/UOTH (Concurrent Service)
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 31J/Teletypwriter Repairer   GT: NIF   EDU: College Grad   Overseas: None   Combat: None
Decorations/Awards: ASR, NDSM, OSR, AGCM

V.  Post-Discharge Activity
City, State:  Riverview, MI
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.  However, the record does contain a properly constituted NGB Form 22 (Record of Separation and Record of Service), which was not authenticated by the applicant’s signature.  The NGB Form 22 indicates that the applicant was discharged under the provisions of Chapter 8-26k, NGR 600-200, for 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 8-26k 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 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 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 8-26k, NGR 600-200, by reason of unsatisfactory participant, with a characterization of service of under other than honorable conditions and a Reenlistment Eligibility Code of RE 3.  The analyst noted the applicant's issue and determined that at the time of discharge the applicant was appropriately 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.  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 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. 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: 7 October 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 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: No Change
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080020023
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