Applicant Name:  

Application Receipt Date: 2009/03/10	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The Applicant states, "I would like to have my records changed to not show a involuntary discharge. I am making this request so that I may join the AGR staff for the state of Maryland.  The reasons that I was discharged before was due to family issues and the distance to the unit. After working out family issues, I applied to rejoin the Army National Guard of Maryland. To rejoin I was granted a waiver to rejoin. Since I have rejoined I have had no absences of drill, have been working in a temporary active status since April 2006, I have recieved several awards for my service during this enlistment, to include AAM and ARCOM".

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: 990317   Chapter:  IAW paragraph 1-26K, Appendix A (Enlisted Separation) State Memorandum dated 981020     AR: NIF 
Reason: Unsatisfactory Participant	   RE:     SPD: NA   Unit/Location: 1161st Trans CO, Ephrata, WA 

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:  24
Current ENL Date: 940729    Current ENL Term: 5 Years  ?????
Current ENL Service: 	4 Yrs, 7Mos, 19Days ?????
Total Service:  		5 Yrs, 08Mos, 26Days ?????
Previous Discharges: 	IADT 880922-890306/UNC
                                       USAR 890307-940926/NA
                                       IADT 940927-941208/UNC
                                       IADT 940729-990317/GD
                                       USAR 990318-020219/HD
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 88M10/Motor Transport Operator   GT: 122   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: ASR, NDSM, AR-COMP-ACHVMT-MDL

V.  Post-Discharge Activity
City, State:  Germantown, MD
Post Service Accomplishments: The applicant received an approved waiver to enlist in the Maryland National Guard and has reached the rank of E5.  Further, the applicant has received a Honorable Discharge, completed a tour in Iraq (080516-080928) and numerous awards: ARCOM, AAM, HSM, GWOTSM, AFRS.




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 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 1-26k, Appendix A, (Enlisted Separations) to All States Memorandum dated 20 October 1998; by reason of unsatisfactory participation, with a characterization of service of general, under 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 8-27(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 or change to the narrative reason for discharge on the applicant's DD Form 214. 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 by reason of unsatisfactory participant, with a characterization of service of general, under 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.”  Further, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  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 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: 28 September 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, hearing his testimony and considering the analyst’s recommendation and rationale, the Board determined that the discharge was both proper and equitable, 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 AR20090003973
______________________________________________________________________________


Page 1 of 3 pages