Application Receipt Date: 060123 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 (On-line application). The applicant stated that he was not informed by his unit that he was being assigned to a drilling unit after his active service. He further stated that he requested to be released to the IRR and after eight months had not been assigned to any unit; he relocated to Nevada and was not aware of his obligation to report to his drilling unit in the Massachusetts National Guard. 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: 030915 Discharge Received: Date: 030915 Chapter: 8 AR: NGB 600-200 Reason: Unsatisfactory Participant RE: SPD: CW Unit/Location: Massachusetts National Guard, Office of the Adjutant General, 50 Maple Street, Milford, Massachusetts 01757-3604 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: 660722 Current ENL Date: OAD/010405 (AGR) Tour 010405 Current ENL Term: 3 Years ????? Current ENL Service: 2 Yrs, 5 Mos, 16 Days ????? Total Service: 14 Yrs, 4 Mos, 4 Days ????? Previous Discharges: USAR-870000-000000/NA ADT-000000-870807/NA USAR-870808-960530/NA USNR-960531-980212/NA OAD-980213-000201/HD USNR-000202-000313/NA ARNG-000314-010404/NA Highest Grade: E5 Performance Ratings Available: Yes No MOS: 91B24, Recruiter GT: NIF EDU: NIF Overseas: None Combat: None Decorations/Awards: NMAM (2), NDSM (2), NRCM, USNR Gold Wreath Award, FMFR V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: None submitted. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army. The evidence of record shows that on 23 September 2003, Departments of the Army and Air Force, Massachusetts National Guard, Office of the Adjutant General, 50 Maple Street, Milford, Massachusetts, Orders 266-3, discharged the applicant from the Army National Guard, effective 16 September 2003, with a General Under Honorable conditions discharge and assigned him to the USAR Control Group (Reinforcement), AR-PERSCOM, 1 Reserve Way, St Louis, Missouri 63132, to complete his statutory obligation. The Order indicates that the applicant was discharged under the provisions of Paragraph 8-27k, 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." 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 8-27k 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. c. Response to Issues, Recommendation and Rationale: After a careful review of all the available records of service during the period of enlistment under review, the analyst recommends to the Board that the applicant’s characterization of service be upgraded to honorable conditions. This recommendation was made after full consideration of his faithful and honorable service. The applicant served nearly eight years in the Navy before joining the Army National Guard, he attained the grade of Sergeant/E5, and received two Navy and Marine Corps Achievement Medals, a U.S. Naval Reserve Commendation, and US Naval Reserve Gold Wreath Award. He subsequently served on active duty in the Army and was Honorably discharged. Subsequent to his transfer to the IRR, he was honorably discharged upon the completion of his statutory service obligation. Given the above factors, it is recommended to the Board that the applicant's unsatisfactory performance was mitigated by service of sufficient length and merit to warrant an upgrade of the discharge being reviewed. The analyst found that the reason for discharge was both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 10 January 2007 Location: Washington, D.C. Did the Applicant Testify? Yes No Counsel: N/A Witnesses/Observers: N/A Exhibits Submitted: N/A 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 and considering the analyst’s recommendation and rationale, the Board determined that the discharge was both proper and equitable, and voted not to change it. Case report reviewed and verified by: Mr. John Zangas, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: None Other: None RE Code: Grade Restoration: No Yes Grade: None XI. Certification Signature and Date Approval Authority: ROBERT L. HOUSE Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 12 January 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060001312 Applicant Name: Mr. ______________________________________________________________________ Page 6 of 6 pages