Application Receipt Date: 060526 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See applicant's attached DD Form 293. II. Were Proper Discharge and Separation Authority procedures followed? Yes No Tender Offer: ????? See Attachments: Legal Medical Minority Opinion Exhibits III. Original Character of Discharge Unit CDR Recommended Discharge: Date: NIF Discharge Received: Date: 991027 Chapter: 8 NGR: 600-200 Reason: Medically Unfit for Retention per AR 40-501 RE: SPD: NA Unit/Location: 1863rd Transportation Company, Oak Hill, WV Time Lost: None Article 15s (Charges/Dates/Punishment): None Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 790115 Current ENL Date: 980121 Current ENL Term: 06 Years ????? Current ENL Service: 01 Yrs, 09Mos, 07Days ????? Total Service: 01 Yrs, 09Mos, 07Days ????? Previous Discharges: ARNG-980121-980221/NA ADT-980222-980605/UNC ARNG-980606-991027/Concurrent Highest Grade: E2 Performance Ratings Available: Yes No MOS: 88M10 (Motor Transport Operator) GT: NIF EDU: GED Overseas: None Combat: None Decorations/Awards: ASR V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The specific facts and circumstances leading to the applicant’s discharge from the Army National Guard and as a Reserve of the Army 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. This NGB Form 22 indicates that he was discharged under the provisions of Chapter 8, paragraph 8-26(j), by reason of medically unfit for retention per Army Regulation 40-501. The evidence of record shows that on 30 November 2000, Orders 234-611, the State of West Virginia, Adjutant General's Department, 1703 Coonskin Drive, Charleston, West Virginia, discharged the applicant from the Army National Guard and as a Reserve of the Army, with an honorable discharge effective date: 27 October 1999. b. Legal Basis for Separation: National Guard Regulation (NGR) 600-200 and Army Regulation 40-501 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 8-26j (1) of that regulation provides in pertinent part that commanders who found Soldier medically unfit for retention will request the Soldiers discharge. Army Regulation 40-501, Chapter 3, gives the various medical conditions and physical defects which may render a Soldier unfit for further military service and which fall below the standards. 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 a change to the applicant's characterization of service to uncharacterized. 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. However, the applicant’s record does contain a properly constituted NGB Form 22. This document identifies the reason and characterization of the discharge and the analyst presumed government regularity in the discharge process. The NGB Form 22 indicates that the applicant was discharged under the provisions of Chapter 8, paragraph 8-26j(1), NGR 600-200, by reason of medically unfit for retention per Army Regulation 40-501, with service characterized as Honorable, and a re-entry eligibility (RE) code of '3'. National Guard Regulation 600-200 provides in pertinent part, that a Soldier may be separated if the Soldier is medically unfit for retention per AR 40-501, chapter 3. Also, the Soldier may be separated with a characterization of Honorable unless in an enry-level status. A Soldier is considered to be in an entry-level status for the first 180 days of continuous active duty. A soldier in an entry-level status would be separated with a characterization of uncharacterized. The applicant was beyond the entry-level status in amount of time completed in his enlistment and therefore a characterization of uncharacterized is not appropriate for this type of separation. Further, 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, the analyst being convinced that the narrative reason for discharge was both proper and equitable, recommends to the Board to deny relief. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 7 May 2007 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: yes [ redacted ] Observers: yes [ spouse ] Exhibits Submitted: Character Reference (2) VIII. Board Decision The discharge was: Proper Improper Equitable Inequitable The characterization of service was: Proper Improper Equitable Inequitable The narrative reasons were: Equitable Inequitable DRB voting record: Change No change (Character) Change No change (Reason) (Board member names available upon request) IX. 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 narrative reason for discharge was both proper and equitable and voted not to change it. Case report reviewed and verified by: Eric S. Moore, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 10 May 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060007486 Applicant Name: Mr. ______________________________________________________________________ Page 6 of 6 pages