Applicant Name:  ?????

Application Receipt Date: 2011/03/24	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he requests that his characterization of service be amended to reflect that he was discharged due to a service connected disability.  He contends that the California Army National Guard improperly characterized his discharge as uncharacterized. 

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: 050513
Discharge Received: 			   Date: 050513   Chapter: 8-26b(1)      AR: NGR 600-200
Reason: Enrollment/Disenrollment in ROTC	   RE:     SPD: NA   Unit/Location: C Co, 340th FSB, Manhattan Beach, CA 

Time Lost: None

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

Courts-Martial (Charges/Dates/Punishment): NIF

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 040823 ARNG/USARCG Cadet Simultaneous Membership Program    Current ENL Term: 05 Years  01 month/07 Days
Current ENL Service: 	01  Yrs, 11 Mos, 01 Days ?????
Total Service:  		03  Yrs, 11 Mos, 24 Days ?????
Previous Discharges: 	USAR-020930-030506/NA
                                       ADT-030507-030717/NA
                                       USAR-030718-040822/HD
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: None   GT: NIF   EDU: 16 Years   Overseas: None   Combat: None
Decorations/Awards: ARCAM, NDSM, GWOTSM, ASR, CARAM

V.  Post-Discharge Activity
City, State:  White Plains, NY 
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       On 13 May 2005, the evidence of record shows that the applicant was disenrolled as a cadet from the ROTC program.  Disenrollment was due to chronic pain in hands and wrists, a medical condition which precludes appointment as a commissioned officer.  The record contains a properly constituted NGB Form 22 (Report of Separation and Record of Service), which was not authenticated by the applicant’s signature.  It indicates the applicant was discharged under the provisions of paragraph 8-26b(1), NGR 600-200, by reason of enrollment/disenrollment in ROTC Program, with a characterization of service of uncharacterized, and a reenlistment eligibility (RE) code of "1."
       On 23 May 2005, Army ROTC, University of Southern California, Los Angeles, CA 90089, Orders 143-01, discharged the applicant from the USAR Contro Group (ROTC), effective date:  13 May 2005.
       
       On 16 May 2006, Joint Forces Headquarters, California Army National Guard, Sacramento, CA, Orders 12-1029, discharged the applicant from the Army National Guard and a reserve of the Army, effective date:  13 May 2005, with a characterization of service of uncharacterized.

       b.  Legal Basis for Separation:  
       National Guard Regulation (NGR) 600-200 and Army Regulation 135-178 govern procedures for the administrative separation of enlisted personnel of the Army National Guard and Army Reserve.  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 8-26b(1) of that regulation provides in pertinent part that individuals can be separated for enrollment/disenrollment in the ROTC Program.

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s available military records during the period of enlistment under review, the issues and documents submitted with the application, 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 which led to his discharge from the State of California Army National Guard and a Reserve of the Army.  However, the record does contain a properly constituted NGB Form 22 (Report of Separation and Record of Service), which indicates 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 NGB Form 22 shows the applicant was discharged under the provisions of Chapter 8, paragraph 8-26b(1), NGR 600-200, by reason of enrollment/disenrollment in the ROTC Program with a characterization of service of uncharacterized.  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.  For ARNGUS and USAR Soldiers, entry-level status begins upon enlistment in the ARNG or USAR.
       
       The analyst noted the applicant's contention requesting that his characterization of service be amended to reflect that he was discharged due to a service connected disability.  The narrative reason for separation is governed by specific directives.  The applicant was discharged under the provisions of paragraph 8-26b(1), NGR 600-200.  The narrative reason specified by NGR -600, for a discharge under this paragraph is "Enrollment/Disenrollment in ROTC Program," and the reentry code is "RE 1."  NGR 600-200, governs preparation of the NGB Form 22 and dictates that entries on the form, will be entered exactly as listed in table 8-2, NGR 600-200.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be entered under this regulation.  
       
       The applicant further contends that the California Army National Guard improperly characterized his discharge as uncharacterized.  AR 135-178, states that ROTC cadets enrolled in an ROTC Program are assigned members of the Control Group ROTC and for those that are participating in the ROTC/Simultaneous Membership Program (ROTC/SMP) per NGR 600-200. Paragraph 5-6d, further states that the service of cadets discharged under the provisions of this paragraph will be described as unchararcterized.  
       
       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, based on the available evidence, the analyst presumes government regularity in the discharge process and concludes that based on the NGB Form 22, the reason for discharge and the characterization of service 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: 1 April 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: [ redacted ]

Witnesses/Observers: NA 

Exhibits Submitted: Online application , dated (100722); Attorney's Letter, dated (110304); Medical Documentation, five (5) pages; Document, the American Legion, two (2) pages, dated (100519); two (2) Memoranda, Appeal to Change Characterization of Service on NGB For 22, dated (100715), (1-00421); three (3) Letters, Chief, Case Management, dated (100609), (110224), (100826); Memorandum, DA, HQS, U.S. Army Cadet Command, dated (13 May); Discharge Orders 143-01, dated (0505230; NGB Form 22, dated (050513); two (2) NGB Forms 22A, dated, (undated), (100111); Letter, Appeal to Characterization of Service on NGB For 22, two (2) pages, dated (1000408).

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: No Change
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: None











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 AR20110005352
______________________________________________________________________________

Page 3 of 3 pages