Applicant Name: ????? Application Receipt Date: 2008/12/29 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 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: 051021 Chapter: 8-26k AR: NGR 600-200 Reason: Unsatisfactory Participation RE: SPD: NA Unit/Location: G Co, 285th Avn, Phoenix, AZ Time Lost: The amount of lost time is not contained in the available record. 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: 19 Current ENL Date: 010517 Current ENL Term: 8 Years ????? Current ENL Service: 04 Yrs, 05Mos, 05Days ????? Total Service: 04 Yrs, 05Mos, 05Days ????? Previous Discharges: ADT 010807-020315/UNC (Concurrent Service) Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 93C10/ATC Operator GT: 89 EDU: HS GRAD Overseas: None Combat: None Decorations/Awards: ASR V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: The applicant states that he earned a Bachelors Degree in Business/Marketing from the University of Phoenix (The applicant did not provide documentation). 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 National Guard and the United States Army Reserve. The record indicates that on 21 November 2005, Hqs, Department of the Army and the Air Force, Joint Force Headquarters - Arizona, 5636 East McDowell Road, Phoenix, Arizona, Orders 138-8, discharged the Applicant from the Army National Guard, with a general, under honorable conditions discharge. The record does contain a properly constituted NGB Form 22 (Report of Separation and Record of Service). It indicates that the applicant was discharged under the provisions of Paragraph 8-26k, 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 governs 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 8-26k of that regulation provides in pertinent part that individuals can be separated for unsatisfactory partcipation. 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 Applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army National Guard. However, the Applicant’s record contains a properly constituted NGB Form 22 (Report of Separation and Record of Service) which identifies the reason and characterization of the discharge and the analyst presumed Government regularity in the discharge process. The Applicant’s NGB Form 22 shows the applicant was discharged under the provisions of Paragraph 8-26k, NGR 600-200, by reason of unsatisfacory participation, with a characterization of service of general, under honorable conditions and a reenlistment eligibility (RE) code of "3". Furthermore, the analyst noted the applicant's issue, and acknowledges his successful transition to civilian life and noted the many accomplishments outlined with the application. However, in review of the applicant’s entire service record, the analyst found that these accomplishments did not overcome the reason for discharge and characterization of service granted. Further, the applicant presented no evidence of arbitrary or capricious actions by the command. Additionally, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.” If reenlistment is desired, the applicant should contact the local recruiter to determine eligibility to reenlist. Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes. In view of the foregoing the analyst determined that the characterization of service and reason for discharge 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: 16 October 2009 Location: Washington, D.C. 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: NA ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20080020021 ______________________________________________________________________________ Page 1 of 3 pages