Applicant Name: ????? Application Receipt Date: 2008/04/02 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: See DD Form 149 and attached documents submitted by the applicant. 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: 020828 Chapter: 8-26k AR: NGR 600-2000 Reason: Unsatisfactory Participation RE: SPD: NA Unit/Location: 1710th Trans Co (-Det 1), Manassas, VA Time Lost: NIF 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: 23 Current ENL Date: 000203 Current ENL Term: 6 Years ????? Current ENL Service: 02 Yrs, 06Mos, 26Days ????? Total Service: 06 Yrs, 00Mos, 07Days ????? Previous Discharges: USAR-960822-961016/NA RA-961017-990319/HD USARCG-990320-000202 Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 88M10 Motor Transport Operator GT: 104 EDU: HS Grad Overseas: None Combat: None Decorations/Awards: AAM (Prior Service), ARCAM, ASR V. Post-Discharge Activity City, State: Toledo, OH Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The specific facts and circumstances pertaining to the applicant’s discharge from the Army National Guard State of Virginia and and assignment to the USAR Control Group (Reinforcement) 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. It indicates that the applicant was discharged under the provisions of paragraph 8-26(k), 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 22 August 2002, the Departments of the Army and the Air Force, Joint Forces Headquarters, Office of the Adjutant General of Viginia, Virginia Army National Guard, Blackstone, VA, Orders 234-017, discharged the applicant from the Army National Guard and assigned her to the USAR Control Group (Reinforcement), effective date: 28 August 2002, with a general, under honorable conditions 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 8-26(k) 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 military records for the period of enlistment under review, the issues and documents she submitted, 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 that led to her discharge from the Army National Guard State of Virginia and assignment to the USAR Control Group (Reinforcement). However, the available records 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 discharge and the analyst presumed Government regularity in the discharge process. The evidence of record further shows that the applicant was discharged under the provisions of Chapter 8, paragraph 8-26(k), NGR 600-200, by reason of unsatisfactory participation with a characterization of service of general, under honorable conditions. 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. Furthermore, the analyst note the applicant's issue in reference to her restoration of rank to E-4; however, at the time of the applicant's disharge from the Army National Guard State of Virginia, her NGB Form 22 shows her in the rank/pay grade of SPC/E-4. Further, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3,” a request for a change to the reentry eligibility (RE) code does not fall within the purview of this Board. The applicant may apply to the Army Board for Correction of Military Records (ABCMR), utilizing DD Form 149 regarding this matter. An application for that Board is enclosed. In view of the foregoing, the analyst determined that reentry eligibility (RE) code, 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: 30 January 2009 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA 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 ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20080006447 ______________________________________________________________________________ Page 1 of 3 pages