Applicant Name:  

Application Receipt Date: 2009/01/06	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See 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: 960123   Chapter: 8-26q      AR: NGR 600-200
Reason: Misconduct-Unsatisfactory Participation	   RE:     SPD: NA   Unit/Location: Co A, 103rd ENGR BN, Philadelphia, PA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): There is misconduct in the file via Orders 6-1 indicating that the applicant was reduced from E3 to E2 for unsatisfactory participation and Orders 007-017 indicating the applicant was reduced from E2 to E1 for misconduct on 960122.

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  22
Current ENL Date: 880129 (as indicated on the Enlistment Contract)    Current ENL Term: 8 Years  ?????
Current ENL Service: 	07 Yrs, 11Mos, 25Days ?????
Total Service:  		07 Yrs, 11Mos, 28Days ?????
Previous Discharges: 	RA 880222-880609/UNC
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 12B/Combat Engineer   GT: 89   EDU: GED   Overseas: None   Combat: None
Decorations/Awards: ASR, NDSM, TJSM (State Award: Thomas J. Stewart Medal)

V.  Post-Discharge Activity
City, State:  Sicklerville, NJ
Post Service Accomplishments: The applicant submitted two character letters.

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 his discharge from the Army.  The record indicates that on 11 January 1996, Commonwealth of Pennsylvania, Department of Military Affairs, The Adjutant General, Annville, PA, Orders 007-017, discharged the applicant from the Army National Guard, effective 23 January 1996, with an under other than honorable conditions, RE4.  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 8-26q, NGR 600-200, by reason of unsatisfactory participation, with a characterization of service of under other than honorable conditions, and a reenlistment eligibility (RE) code of "4."  Additionally, the applicant was flagged on 18 December 1993 for APFT failure and adverse actions, AWOL.

       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(g) 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 he 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.  On 11 January 1996, Commonwealth of Pennsylvania, Department of Military Affairs, The Adjutant General, Annville, PA, Orders 007-017, discharged the applicant from the Army National Guard, effective 23 January 1996, with an under other than honorable conditions, RE4.  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 8-26q, NGR 600-200, by reason of unsatisfactory participation, with a characterization of service of under other than honorable conditions, and a reenlistment eligibility (RE) code of "4."  The analyst noted the applicant's issue and determined at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “4.”  An RE code of “4” cannot be waived and the applicant is no longer eligible for reenlistment.  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: 16 October 2009         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: None














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 0
(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 AR20090002404
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