Applicant Name:  

Application Receipt Date: 2012/11/01	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, there were situations out of his control that pushed him over the edge of reason because he was dealing with homelessness, loss of his car and license, death of his mother and dealing with his dads medical condition.  During the time of the appellate process he was unavailable to be at the hearing because he was dealing with family matters and working through his own personal situations and at the time he had 18 years of sobriety.  He would like to finish what he had started.  

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: 050602   Chapter: Chapter 8-27f     NGR: 600-200
Reason: Unsatisfactory Participation	   RE:     SPD: NA   Unit/Location: 82nd SPT DET, (RTOC) 82nd Brigade, Orange, Lake Oswego, OR 97034-5854 

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:  36
Current ENL Date: 010418    Current ENL Term: 01 Years  ?????
Current ENL Service: 	04 Yrs, 01 Mos, 15 Days ?????
Total Service:  		22 Yrs, 08 Mos, 17 Days ?????
Previous Discharges: 	ARNG 820915-821021/NA
                                               ADT     821022-830210/HD
                                               ARNG  830211-960418/HD
                                               USAR  960419-980216/NA
                                               ARNG 980217-990418/HD
                                               ARNG 990419-010417/NA
                                                      (Concurrent Service)
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 12B10 Combat Engineer   GT: 92   EDU: GED   Overseas: None   Combat: None
Decorations/Awards: NDSM (2), AFRM (1), ARCAM (3), HSM, ORFSM (3), ASUA, ASR

V.  Post-Discharge Activity
City, State:  
Post Service Accomplishments: None submitted by the applicant.  

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The the applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army National Guard and as a Reserve of the Army.  The record indicates that on 6 June 2005, Oregon Military Department, Joint Force Headquarters, Oregon National Guard, 1776 Militia Way, Salem, OR 97309-5047, issued Orders 157-046, which discharged the applicant from the Army National Guard and as a Reserve of the Army with an effective date of, 2 June 2005, with a general, under honorable conditions discharge.  
       
       The record contains a properly constituted NGB Form 22 (Report of Separation and Record of Service).  It indicates the applicant was discharged under the provisions of paragraph 8-27f, 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. 
       
       On 1 June 2005, The Adjutant General, Army National Guard of the State of Kentucky, reviewed the applicant’s request for a change in his discharge and denied his request.  

       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 6 of NGR 600-200 covers, in pertinent part, reasons for discharge and separation of enlisted personnel from the State Army National Guard.  Paragraph 6-35f 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; however, a general, 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 [and documents] 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.  The the applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army National Guard and as a Reserve of the Army.  The record indicates that on 6 June 2005, Oregon Military Department, Joint Force Headquarters, Oregon National Guard, 1776 Militia Way, Salem, OR 97309-5047, issued Orders 157-046, which discharged the applicant from the Army National Guard and as a Reserve of the Army with an effective date of, 2 June 2005, with a general, under honorable conditions discharge.  
       
       The record contains a properly constituted NGB Form 22 (Report of Separation and Record of Service).  It indicates the applicant was discharged under the provisions of paragraph 8-27f, 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.  If the applicant desires to reenlist, he should contact the local recruiter to determine his 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, based on the available evidence, the analyst presumes government regularity in the discharge process and that 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 2013         Location: Washington, DC

Counsel: None

Exhibits Submitted: DD Form 293 dated 30 October 2012, two self authored statement dated 2 May 2012.


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 Discussion and Recommendation which follows, the Board determined the discharge to be proper and equitable and voted to deny relief.
        


IX.  Board Decision						
Board Vote:
Character - Change 0    No change 5
Reason -     Change 0    No change 5
(Board member names available upon request)


























X.  Board Action Directed
Issue a new DD Form 214  
Change Characterization to: 
Change Reason to: N/A
Other: N/A
RE Code: 
Grade Restoration:   No   Yes   Grade: None

XI.  Certification Signature
Approval Authority:




ARCHIE L. DAVIS III
Colonel, U.S. Army
President, Army Discharge Review Board




JOSEPH M. BYERS
Lieutenant Colonel, U. S. Army
Secretary Recorder


















Legend:
AMHRR - Army Military Human Resource Record	FG - Field Grade	IADT – Initial Active Duty Training	RE - Reentry
AWOL - Absent Without Leave	GD - General Discharge	NA - Not applicable	SCM- Summary Court Martial
BCD - Bad Conduct Discharge	HS - High School	NIF - Not in File	SPCM - Special Court Martial
CG - Company Grade Article 15	HD - Honorable Discharge	OAD - Ordered to Active Duty	UNC - Uncharacterized Discharge  
CID - Criminal investigation Department	MP – Military Police	OMPF - Official Military Personnel File	UOTH - Under Other Than Honorable 
												Conditions 

ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20120020501
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