Applicant Name:  ?????

Application Receipt Date: 2009/07/13	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: Medical issue prevented her from attending drills, only missed five drills not 9 as required for discharge, wants to rejoin.

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: 2009/04/16   Chapter: 8    AR: NGR 600-200
Reason: Unsatisfactory Participation	   RE:     SPD: NIF   Unit/Location: C Co, 40th BSB (Medical), Montebello, CA 

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: 060630    Current ENL Term: 8 Years  ?????
Current ENL Service: 	02 Yrs, 09Mos, 17Days ?????
Total Service:  		02 Yrs, 09Mos, 17Days ?????
Previous Discharges: 	IADT 060815-061215/UNC (Concurrent Service)
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 68G10/Patient Admin Spc   GT: 96   EDU: HS Degree   Overseas: None   Combat: None
Decorations/Awards: ASR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None listed

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 National Guard.  The record indicates that on 16 April 2009, Joint Force Headquarters, California ARNG, Sacramento, CA, Orders 106-1177, discharged the applicant from the Army National Guard, effective 16 April 2009, with a general under honorable conditions discharge and assigned her to the USAR Control Group (Reinforcement), St Louis, Missouri to complete her statutory obligation.  The Orders indicate the applicant was discharged with loss code CW (Continuous and willful absence) under the provisions of NGR 600-200, 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 issues and documents she submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  
       
       The analyst noted the applicant's issues; however, the facts and circumstances pertaining to her discharge are not contained in the available records.  On 6 April 2009, Joint Force Headquarters, California ARNG, Sacramento, CA, Orders 106-1177, discharged the applicant from the Army National Guard, effective 16 April 2009, with a general under honorable conditions discharge and assigned her to the USAR Control Group (Reinforcement), St Louis, Missouri to complete her statutory obligation. 
       
       The record contains a properly constituted Order which indicates the applicant was discharged under the provisions of Chapter 8, NGR 600-200, by reason of continuous and willful absence (CW) as an unsatisfactory participant, with a characterization of service of general, under honorable conditions, and a Reenlistment Eligibility Code of RE 3.  
       
       Furthermore, at the time of discharge the applicant was assigned a reentry eligibility (RE) code of “3.”  If she desires to reenlist, she should contact the local recruiter to determine her 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.  
       
       In the absence of information 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.  It also noted that the characterization of service for this type of discharge is normally under other than honorable conditions.  
       
       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: 12 May 2010         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: Self-authored statement, five medical statements, list of scheduled drills, VA claim form, DD Form 4 (Contract), Orders, LES, USAR statement of retirement points. 

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 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

















Legend:
AWOL    	Absent Without Leave		GCM   General Court Martial	NA   Not applicable			SCM	Summary Court Martial
BCD   	Bad Conduct Discharge	GD      General Discharge	NIF   Not in the file			SPCM	Special Court Martial
CG 	Company Grade Article 15	HD      Honorable Discharge	OAD   Ordered to Active Duty		UNC	Uncharacterized Discharge  
DD 	Dishonorable Discharge	HS       High School Graduate	OMPF   Official Military Personnel File	UOTH  	Under Other Than Honorable 
FG	Field Grade Article 15		IADT   Initial Active Duty Training	RE     Reentry Code				Conditions 

ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090012398
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