Application Receipt Date: 060922 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See applicant 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: NIF Chapter: 8-27y AR: NGR 600-200 Reason: As A Result Of Discharge From The Reserve Of The Army RE: SPD: NA Unit/Location: Headquarters & Company A, 429th Support Battalion (VA-ARNG), Staunton, VA 24401 Time Lost: None Article 15s (Charges/Dates/Punishment): NIF Court-Martials (Charges/Dates/Punishment): NIF Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 730313 Current ENL Date: 000803/OIADT Current ENL Term: 00 Years 23 Weeks Current ENL Service: 00 Yrs, 02 Mos, 17 Days ????? Total Service: 00 Yrs, 10 Mos, 20 Days ????? Previous Discharges: ARNG-991130-001019/UNC (Concurrent Service) Highest Grade: E2 Performance Ratings Available: Yes No MOS: None GT: NIF EDU: 14 Years Overseas: NIF Combat: NIF Decorations/Awards: None 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 facts and circumstances leading to the applicant’s discharge from the State of Virginia 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. Her NGB Form 22 indicates that she was discharged under the provisions of paragraph 8-27(y), NGR 600-200, by reason of as a result of discharge from the Reserve of the Army, with service uncharacterized and a Reenlistment Eligibility Code of (RE) "3." Evidence of record shows that on 24 October 2000, Departments Of The Army and Air Force, Office of the Adjutant General of Virginia, Virginia National Guard, Blackstone, VA, Orders 298-095, discharged the applicant from the Army National Guard and as a Reserve of the Army, effective date: 19 October 2000, with an uncharacterized discharge. 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(f) of that regulation provides in pertinent part that individuals can be separated for as a result of discharge from the Reserve of the Army. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s available military records for the period of enlistment under review and the issue she submitted, the analyst recommends that relief be denied in this case. The applicant’s record is void of the specific facts and circumstances concerning the events that led to her discharge from the State of Virginia 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 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 evidence of record shows that the applicant was discharged under the provisions of Chapter 8, Paragraph 8-27(y), NGR 600-200, by reason of as a result of discharge from the Reserve of the Army, with service uncharacterized. The evidence of record further shows that the applicant's service was uncharacterized because she was in entry-level status, i.e., in an initial probationary period of service. Any individual, who has served for less than 180 days at the time his or her commander initiated separation action, and is not being separated for serious misconduct, will be given an uncharacterized discharge. An uncharacterized discharge denotes only that the individual had less than 180 days on active duty. For ARNGUS and USAR Soldiers, entry-level status begins upon enlistment in the ARNG or USAR. For Soldiers ordered to IADT for one continious period, it terminates 180 days after beginning training. Army Regulation 635-40 provides that a Soldier’s service will be uncharacterized when his separation is initiated while the Soldier is in entry-level status. A fully honorable discharge may be granted only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty. The analyst determined that no such unusual circumstances were present in the applicant’s record and her service did not warrant an honorable characterization of service. The analyst was satisfied that all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Therefore, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 31 October 2007 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA 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 0 No change 5 - Character Change 0 No change 5 - 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 and considering the analyst’s recommendation and rationale, the Board determined that the discharge was both proper and equitable, and voted to deny relief. Case report reviewed and verified by: Mr. Kenneth McFarley, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: None Other: NA RE Code: Grade Restoration: No Yes Grade: None XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: CHRISTINE U. MARTINSON DATE: 9 November 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060013468 Applicant Name: Ms. ______________________________________________________________________ Page 5 of 5 pages