Application Receipt Date: 070131 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 with attachments 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: 961119 Chapter: 8-27x AR: NGR 600-200 Reason: Interstate Transfer Who Failed to Report RE: SPD: N/A Unit/Location: HQ & HQ Company, (Detachment-1). 1st Battalion, 116th Infantry, VAARNG, Roanoke, VA 24016-4917 Time Lost: None Article 15s (Charges/Dates/Punishment): None Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 730323 Current ENL Date: 940922 Current ENL Term: 8 Years ????? Current ENL Service: 2 Yrs, 1 Mos, 28 Days ????? Total Service: 4 Yrs, 4 Mos, 3 Days ????? Previous Discharges: USAR-920717-921006/NA ADT-921007-930316/Unchar USAR-930317-940921/NA (Concurrent Service) Highest Grade: E4 Performance Ratings Available: Yes No MOS: 91B10 Medical Specialist GT: NIF EDU: HS Grad Overseas: None Combat: None Decorations/Awards: NDSM, AR-COMP-ACHVMT-MDL, ASR V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: See DD Form 293 with attachments VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The complete facts and circumstances leading to the applicant’s discharge from the 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. That NGB Form 22 indicates that the applicant was discharged under the provisions of Paragraph 8-27x, NGR 600-200, by reason of interstate transfer who failed to report, with a characterization of service of uncharacterized and a reenlistment eligibility code of (RE) "3." Furthermore, the evidence of record shows that on 19 October 1994, DA, HQ, 97th US Army Reserve Command, Fort George G. Meade, Maryland, Orders 32-1-NG, discharged the applicant from the Army National Guard, effective date: 21 September 1994. 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(x) of that regulation provides in pertinent part that individuals can be separated for failure to report after enlistment through the Reserve Components Transition Program. 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 found several mitigating factors that would merit an upgrade of the applicant's characterization of service to fully honorable. The analyst determined that the characterization of service was too harsh, and as a result it is now inequitable. The analyst found that the length of the applicant's service, the circumstances surrounding the discharge and the time that has elapsed since his discharge mitigated the discrediting entry in the service record. However, the analyst determined that the reason for discharge was both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 25 April 2007 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: N/A Witnesses/Observers: N/A Exhibits Submitted: N/A 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 No change (Character) Change No change (Reason) (Board member names available upon request) IX. Board Discussion, Determination, and Recommendation After carefully examining the applicant’s available record of service during the period of enlistment under review, and considering the analyst’s recommendation and rationale, the Board determined that the discharge is now inequitable. The Board does not condone the applicant’s misconduct; however, determined that the overall length and quality of the applicant's service, the circumstances surrounding the discharge, his post service accomplishments and the time that has elapsed since his discharge mitigated the discrediting entry in the service record. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable and a change to the narrative reason for separation to Secretarial Authority. This action entails a change to the reentry eligibility (RE) code to "1.' Case report reviewed and verified by: Mr. Ron Williams, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: Secretarial Authority under Chapter 5, AR 635-200. Other: Thru: Chief, National Guard Bureau Date: 27 April 2007 To: Adjutant General, State of Virginia The Army Discharge Review Board, established under the provisions of Section 30, Public Law 346, 78th Congress, 22 June 1944 and codified as Title 10, United States Code, Section 1553, in the case of the applicant named in Part I recommends that the applicant be considered for a change of his discharge by the Adjutant General, State of Virginia, with issuance of a new NGB Form 22, as follows: ( X ) Change the characterization of discharge to Honorable. ( X ) Other (see remarks below). Remarks: The Board recommends that the Adjutant General, State of Virginia, consider changing the applicant’s characterization of service to Honorable and the narrative reason for separation to Secretarial Authority, and issue the applicant a new NGB Form 22. This action entails a change to the reentry eligibility (RE) code to "1.' 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: MARY E. SHAW DATE: 27 April 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20070001441 Applicant Name: Mr. ______________________________________________________________________ Page 1 of 6 pages