Application Receipt Date: 060905 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 and attached document. 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: 991001 Chapter: 8-27f AR: NGR 600-2000 Reason: Unsatisfactory Participant RE: SPD: NA Unit/Location: Company D, 4th Battalion, 160th Infantry, Redlands, CA 92501-2198 Time Lost: NIF Article 15s (Charges/Dates/Punishment): NIF Court-Martials (Charges/Dates/Punishment): NIF Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 721004 Current ENL Date: 910308 Current ENL Term: 8 Years The applicant extended for 3 years (970307). Current ENL Service: 08 Yrs, 06 Mos, 24 Days ????? Total Service: 08 Yrs, 10 Mos, 06 Days ????? Previous Discharges: IADT-910319-910621/NA AD-920501-920509/HD Highest Grade: E4 Performance Ratings Available: Yes No MOS: 11B10 Infantryman GT: 101 EDU: HS Grad Overseas: None Combat: None Decorations/Awards: NDSM, ASR, ARCAM (2), CADAR, V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: The applicant states he received a Bachelor of Science degree in organizational management from California Baptist University. 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 California Army National Guard 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 8-27f, NGR 600-200, by reason of unsatisfactory participant, with a characterization of service of general, under honorable conditions, and a reenlistment eligibility (RE) code of "3." The evidence of record further shows that, On 1 December 1999, State Of California, Office Of The Adjutant General, Sacramento, CA, Orders 335-035, discharged the applicant from the Army National Guard and assigned him to the United States Army Reserve Control Group (Annual Training) to complete his statutory obligation, effective date: 1 October 1999. 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 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 applicant’s available military records for the period of enlistment under review, the issue and documents he 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 his discharge from the State of California Army National Guard. However, Orders 325-035, discharged the applicant from the Army National Guard under the provisions of Chapter 8-27f, NGR 600-200, with a characterization of service of general, under honorable conditions, and a reentry eligibility (RE) code of "3." This document identifies the reason and characterization of the discharge and the analyst presumed Government regularity in the discharge process. 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. The analyst noted the applicant’s contentions; however, the evidence was not sufficiently mitigating to warrant an upgrade of the discharge under review. The analyst congratulates the applicant on his work achievements since departing the Army. However, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities. Therefore, the narrative 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: 3 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 2 No change 3 - 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 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: 12 October 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060012652 Applicant Name: Mr. ______________________________________________________________________ Page 5 of 5 pages