Applicant Name:  ?????

Application Receipt Date: 2009/01/21	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 and attached documents 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: 991013   Chapter: 8-26k       AR: NGR 600-200
Reason: Unsatisfactory Participation	   RE:     SPD: NIF   Unit/Location: C Co, 2nd Bn, 136th Inf(Mech), Bemidji, MN 

Time Lost: The separation documents indicate that the applicant missed several drill assemblies; however, the total amount of lost time is unknown. 

Article 15s (Charges/Dates/Punishment): NIF

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  33
Current ENL Date: 970131    Current ENL Term: 6 Years  ?????
Current ENL Service: 	02 Yrs, 08Mos, 13Days ?????
Total Service:  		06 Yrs, 11Mos, 19Days ?????
Previous Discharges: 	RA 040211-050503/HD
                                  USAF 820913-860513/HD
                                            
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 11B/Infantryman   GT: Ukn   EDU: HS GRAD   Overseas: SWA   Combat: None
Decorations/Awards:  ASR, HSM, AFGCM 

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: The applicant enlisted in the Army Reserve and served in Afghanistan (040412-050324).  Awards and decorations for his USAR service: ARCOM, NDSM, GWOTEM, GWOTSM, AFRM W/M (2), NCOPDR.  He states that for the past three years he has been employed by his tribe as the Tribal Veterans Services Officer. 








 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The specific facts and circumstances pertaining to the applicant’s discharge from the State of Minnesota Army National Guard are not contained in the available records.  However, the record does contain a properly constituted NGB Form 22 (Report of Separation and Record of Service), which the applicant was unavailable for signature.  It indicates that the applicant was discharged under the provisions of Paragraph 8-26k, NGR 600-200, by unsatisfactory participation, with a characterization of service of general, under honorable conditions and a Reenlistment Eligibility (RE) code of "3."  On 7 January 2000, Department of Military Affairs, Office of the Adjutant General, Saint Paul, MN, Orders 007-867, discharged the applicant from the Army National Guard, effective date:  13 October 1999, with a general, under honorable conditions discharge.  The applicant was assigned to the USAR Control Group (Reinforcement) Army Reserve Personnel Center, 9700 Page Boulevard, St Louis, MO, for completion of statutory or contractual military service obligation.

       b.  Legal Basis for Separation:  
       National Guard Regulation (NGR) 600-200 and Army Regulation 135-178 govern procedures covering enlisted personnel of the Army National Guard.  Chapter 8 of NGR 600-200 covers, in pertinent part, discharge and separation of enlisted personnel for misconduct due to unsatisfactory participation.  Additionally, 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.  An enlisted member separated for misconduct which includes unsatisfactory participation will normally be furnished a characterization of service of under other than honorable conditions in accordance with Army Regulation 135-178.

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s 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 applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the State of Minnesota Army National Guard.  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 unsatisfactory participation with a characterization of service of general, under 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 acknowledges the applicant's issue and successful transition to civilian life, as well as, the many accomplishments outlined with the application and in the documents with the application.  However, in review of the applicant’s entire service record, the analyst found that these accomplishments did not overcome the reason for discharge and characterization of service granted.  In view of the foregoing the analyst determined that the characterization of service and reason for discharge 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: 4 November 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 characterization of service was too harsh based on the applicant’s length and quality of his service to include his enlistment in the Army Reserve after his discharge and combat service, and as a result it is inequitable.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable.  The Board determined that the reason for discharge was proper and equitable and voted not to change it.  

        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 3    No change 2
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: Thru:  Chief, National Guard Bureau            Date: 4 November 2009
To:  Adjutant General, State of Minnesota

            The Army Discharge Review Board, established under the provisions of Section 30, Public Law 346, 78th Congress, 22 June 1944 and codified as Title 10, United States Code, Section 1553, in the case of the applicant named in Part I recommends that the applicant be considered for a change of his discharge by the Adjutant General, State of Minnesota, with issuance of a new NGB Form 22a, as follows:
                  
           ( X )   Change characterization of discharge to General, Under Honorable Conditions.
           ( X )   Other (see remarks below). 
Remarks:  This action entails a change to the applicant’s discharge from the Reserve of the Army to reflect a characterization of service of general, under honorable conditions.  ARBA Support Division-St. Louis, is directed to insure that the applicant’s discharge from the Reserve of the Army reflects the aforementioned change.?????										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090003700
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