Applicant Name: ????? Application Receipt Date: 080530 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: See enclosed DD Form 293 and supporting documents submitted by the Applicant. II. Were Proper Discharge and Separation Authority procedures followed? Tender Offer: No See Attachments: Legal Medical Minority Opinion Exhibits III. Discharge Under Review Unit CDR Recommended Discharge: Date: NIF Discharge Received: Date: 991001 Chapter: 8-27f AR: NGR 600-200 Reason: Unsatisfactory Participant RE: SPD: NA Unit/Location: HHT, 1/18th Cav, Ontario, CA Time Lost: None Article 15s (Charges/Dates/Punishment): None Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 23 Current ENL Date: 951128 Current ENL Term: 06 Years PA ARNG Current ENL Service: 03 Yrs, 10 Mos, 04 Days ????? Total Service: 10 Yrs, 08 Mos, 28 Days ????? Previous Discharges: USN - 910212-930512/HD USNR - 930513-951127/NIF Highest Grade: E4 Performance Ratings Available: Yes No MOS: 91B Combat Medic GT: 101 EDU: HS Grad Overseas: None Combat: None Decorations/Awards: NDSM, ASR V. Post-Discharge Activity City, State: Uniontown, PA Post Service Accomplishments: The record of evidence indicates the Applicant was discharged from the PA ARNG with an honorable discharge and reenlistment eligibility code 1, for the period 000523-010522, under the authority of NGR 600-200, paragraph 8-26i, expiration of service obligation. The record of evidence indicates the Applicant was discharged from the US Army Reserve with an honorable discharge on 020820, Orders D-08-233703, period of service NIF. The record of evidence contains a NGB Form 22, Report of Separation and Record of Service, discharging the Applicant from the PA ARNG with an honorable discharge and reenlistment eligibility code 3, for the period 041120-060430. However, Orders 097-1016, Commonwealth of Pennsylvania, Department of Military and Veterans Affairs, The Adjutant General, Annville, PA, dated 7 April 2006, discharged the Applicant from the Army National Guard and as a reserve of the Army, with a general, under honorable conditions discharge, under the authority of NGR 600-200, paragraph 8-26e(2). VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence shows the Applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army. The Applicant enlisted in the PA ARNG on 951128 and transferred to the CA ARNG on 990302.The record indicates that on 29 October 1999, the Army National Guard of California, Orders 302-040, discharged the Applicant from the Army National Guard, effective 1 October 1999, with an under honorable conditions discharge. The record contains a properly constituted NGB Form 22 (Report of Separation and Record of Service) and indicates the Applicant was discharged under the provisions of Paragraph 8-27f, NGR 600-200, by reason of being an unsatisfactory participant, with a characterization of service of under honorable conditions, and a reenlistment eligibility code of "3." The record also contains a California Army National Guard Form 600-2R (draft), Request for Discharge of Enlisted Members, dated 3 October 1999, indicating the Applicant was AWOL having missed 9 drills, and recommending the Applicant be discharged with an under other than honorable conditions discharge. However, the record also contains Orders 302-040, State of California, Office of the Adjutant General, 9800 Goethe Road, Sacremento, California, discharging the Applicant with an uncharacterized characterization and reenlistment eligibility code 3. This document discharged the Applicant from the Army National Guard and assigned him to the USAR Control Group. 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(g) 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 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 an upgrade of the Applicant's discharge. The facts and circumstances pertaining to the Applicant’s discharge are not contained in the available records. On 29 October 1999, the Army National Guard of California discharged the Applicant from the Army National Guard with a general, under honorable conditions discharge. The record contains a properly constituted NGB Form 22 (Report of Separation and Record of Service) and 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 Code of RE 3. Therefore, the analyst determined that the reason for discharge and the characterization of service remains both proper and equitable and recommends to the Board to deny relief. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 22 June 2009 Location: Chicago, IL 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: No Change RE Code: Grade Restoration: No Yes Grade: No Change ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20080008805 ______________________________________________________________________________ Page 1 of 3 pages