Applicant Name: ????? Application Receipt Date: 2011/03/24 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that he requests that his characterization of service be amended to reflect that he was discharged due to a service connected disability. He contends that the California Army National Guard improperly characterized his discharge as uncharacterized. 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: 050513 Discharge Received: Date: 050513 Chapter: 8-26b(1) AR: NGR 600-200 Reason: Enrollment/Disenrollment in ROTC RE: SPD: NA Unit/Location: C Co, 340th FSB, Manhattan Beach, CA Time Lost: None 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: 040823 ARNG/USARCG Cadet Simultaneous Membership Program Current ENL Term: 05 Years 01 month/07 Days Current ENL Service: 01 Yrs, 11 Mos, 01 Days ????? Total Service: 03 Yrs, 11 Mos, 24 Days ????? Previous Discharges: USAR-020930-030506/NA ADT-030507-030717/NA USAR-030718-040822/HD Highest Grade: E-5 Performance Ratings Available: Yes No MOS: None GT: NIF EDU: 16 Years Overseas: None Combat: None Decorations/Awards: ARCAM, NDSM, GWOTSM, ASR, CARAM V. Post-Discharge Activity City, State: White Plains, NY Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: On 13 May 2005, the evidence of record shows that the applicant was disenrolled as a cadet from the ROTC program. Disenrollment was due to chronic pain in hands and wrists, a medical condition which precludes appointment as a commissioned officer. The record contains a properly constituted NGB Form 22 (Report of Separation and Record of Service), which was not authenticated by the applicant’s signature. It indicates the applicant was discharged under the provisions of paragraph 8-26b(1), NGR 600-200, by reason of enrollment/disenrollment in ROTC Program, with a characterization of service of uncharacterized, and a reenlistment eligibility (RE) code of "1." On 23 May 2005, Army ROTC, University of Southern California, Los Angeles, CA 90089, Orders 143-01, discharged the applicant from the USAR Contro Group (ROTC), effective date: 13 May 2005. On 16 May 2006, Joint Forces Headquarters, California Army National Guard, Sacramento, CA, Orders 12-1029, discharged the applicant from the Army National Guard and a reserve of the Army, effective date: 13 May 2005, with a characterization of service of uncharacterized. b. Legal Basis for Separation: National Guard Regulation (NGR) 600-200 and Army Regulation 135-178 govern procedures for the administrative separation of enlisted personnel of the Army National Guard and Army Reserve. 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 8-26b(1) of that regulation provides in pertinent part that individuals can be separated for enrollment/disenrollment in the ROTC Program. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s available military records during the period of enlistment under review, the issues and documents submitted with the application, 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 which led to his discharge from the State of California Army National Guard and a Reserve of the Army. However, the record does contain a properly constituted NGB Form 22 (Report of Separation and Record of Service), which indicates the applicant was unavailable for signature. This document identifies the reason and characterization of the service and the analyst presumed government regularity in the discharge process. The NGB Form 22 shows the applicant was discharged under the provisions of Chapter 8, paragraph 8-26b(1), NGR 600-200, by reason of enrollment/disenrollment in the ROTC Program with a characterization of service of uncharacterized. 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. For ARNGUS and USAR Soldiers, entry-level status begins upon enlistment in the ARNG or USAR. The analyst noted the applicant's contention requesting that his characterization of service be amended to reflect that he was discharged due to a service connected disability. The narrative reason for separation is governed by specific directives. The applicant was discharged under the provisions of paragraph 8-26b(1), NGR 600-200. The narrative reason specified by NGR -600, for a discharge under this paragraph is "Enrollment/Disenrollment in ROTC Program," and the reentry code is "RE 1." NGR 600-200, governs preparation of the NGB Form 22 and dictates that entries on the form, will be entered exactly as listed in table 8-2, NGR 600-200. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. The applicant further contends that the California Army National Guard improperly characterized his discharge as uncharacterized. AR 135-178, states that ROTC cadets enrolled in an ROTC Program are assigned members of the Control Group ROTC and for those that are participating in the ROTC/Simultaneous Membership Program (ROTC/SMP) per NGR 600-200. Paragraph 5-6d, further states that the service of cadets discharged under the provisions of this paragraph will be described as unchararcterized. Furthermore, the analyst determined that the applicant’s Official Military Personnel File (OMPF) does not contain all the specific documents that would indicate the reason for the separation action from the United States Army. If the applicant desires to appear before a personal appearance Board, the burden of proof remains with the former Soldier to provide the appropriate documents or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board’s consideration. Therefore, based on the available evidence, the analyst presumes government regularity in the discharge process and concludes that based on the NGB Form 22, the reason for discharge and the characterization of service 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: 1 April 2011 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: [ redacted ] Witnesses/Observers: NA Exhibits Submitted: Online application , dated (100722); Attorney's Letter, dated (110304); Medical Documentation, five (5) pages; Document, the American Legion, two (2) pages, dated (100519); two (2) Memoranda, Appeal to Change Characterization of Service on NGB For 22, dated (100715), (1-00421); three (3) Letters, Chief, Case Management, dated (100609), (110224), (100826); Memorandum, DA, HQS, U.S. Army Cadet Command, dated (13 May); Discharge Orders 143-01, dated (0505230; NGB Form 22, dated (050513); two (2) NGB Forms 22A, dated, (undated), (100111); Letter, Appeal to Characterization of Service on NGB For 22, two (2) pages, dated (1000408). 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: None 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 AR20110005352 ______________________________________________________________________________ Page 3 of 3 pages