Applicant Name: ????? Application Receipt Date: 2009/07/13 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: Medical issue prevented her from attending drills, only missed five drills not 9 as required for discharge, wants to rejoin. 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: 2009/04/16 Chapter: 8 AR: NGR 600-200 Reason: Unsatisfactory Participation RE: SPD: NIF Unit/Location: C Co, 40th BSB (Medical), Montebello, 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: 24 Current ENL Date: 060630 Current ENL Term: 8 Years ????? Current ENL Service: 02 Yrs, 09Mos, 17Days ????? Total Service: 02 Yrs, 09Mos, 17Days ????? Previous Discharges: IADT 060815-061215/UNC (Concurrent Service) Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 68G10/Patient Admin Spc GT: 96 EDU: HS Degree Overseas: None Combat: None Decorations/Awards: ASR V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: None listed 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 her discharge from the Army National Guard. The record indicates that on 16 April 2009, Joint Force Headquarters, California ARNG, Sacramento, CA, Orders 106-1177, discharged the applicant from the Army National Guard, effective 16 April 2009, with a general under honorable conditions discharge and assigned her to the USAR Control Group (Reinforcement), St Louis, Missouri to complete her statutory obligation. The Orders indicate the applicant was discharged with loss code CW (Continuous and willful absence) under the provisions of 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 8-27(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 all the applicant’s available records for the period of enlistment under review, and the issues and documents she submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The analyst noted the applicant's issues; however, the facts and circumstances pertaining to her discharge are not contained in the available records. On 6 April 2009, Joint Force Headquarters, California ARNG, Sacramento, CA, Orders 106-1177, discharged the applicant from the Army National Guard, effective 16 April 2009, with a general under honorable conditions discharge and assigned her to the USAR Control Group (Reinforcement), St Louis, Missouri to complete her statutory obligation. The record contains a properly constituted Order which indicates the applicant was discharged under the provisions of Chapter 8, NGR 600-200, by reason of continuous and willful absence (CW) as an unsatisfactory participant, with a characterization of service of general, under honorable conditions, and a Reenlistment Eligibility Code of RE 3. Furthermore, at the time of discharge the applicant was assigned a reentry eligibility (RE) code of “3.” If she desires to reenlist, she should contact the local recruiter to determine her 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 the absence of information 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. It also noted that the characterization of service for this type of discharge is normally under other than honorable conditions. 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: 12 May 2010 Location: Washington, D.C. Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: Self-authored statement, five medical statements, list of scheduled drills, VA claim form, DD Form 4 (Contract), Orders, LES, USAR statement of retirement points. 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: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA Legend: AWOL Absent Without Leave GCM General Court Martial NA Not applicable SCM Summary Court Martial BCD Bad Conduct Discharge GD General Discharge NIF Not in the file SPCM Special Court Martial CG Company Grade Article 15 HD Honorable Discharge OAD Ordered to Active Duty UNC Uncharacterized Discharge DD Dishonorable Discharge HS High School Graduate OMPF Official Military Personnel File UOTH Under Other Than Honorable FG Field Grade Article 15 IADT Initial Active Duty Training RE Reentry Code Conditions ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20090012398 ______________________________________________________________________________ Page 1 of 3 pages