Applicant Name: ????? Application Receipt Date: 07/11/16 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 and 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: 070430 Chapter: NIF AR: 635-200 Reason: Resignation In Lieu of Adverse Action RE: SPD: JKN Unit/Location: MOARNG ELE JFHQ (DET 1), Jefferson City, MO 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: 35 Current ENL Date: 031214 Current ENL Term: NIF Years ????? Current ENL Service: 03 Yrs, 04Mos, 30Days ????? Total Service: 05 Yrs, 11Mos, 11Days ????? Previous Discharges: USAF-870506-890428/GD OAD-011227-020915/HD OAD-030210-031004/HD Highest Grade: E5 Performance Ratings Available: Yes No MOS: 31B Military Police GT: 121 EDU: HS Grad Overseas: Kuwait Combat: Kuwait (030411-030703), Qatar (030704-030810). Decorations/Awards: BSM, PH, AAM, ARCAM, NDSM x2, GWOTEM, HSM, AFSM x2, JMUA, ARCOTR, CMB, EFMB. V. Post-Discharge Activity City, State: Flinton, PA Post Service Accomplishments: Applicant currently serving in the PA ARNG with the 28th MP Co., Johnstown, PA since May 07. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The applicant’s record is void of the specific facts and circumstances concerning the events that led to his release from the Missouri Army National Guard. However, the record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature. The DD Form 214 indicates that the applicant was released from the Missouri AGR program under the provisions of Orders, 284-168, dated 11 October 2006, with a characterization of service of general under honorable conditions. Furthermore, the DD Form 214 shows a Separation Code of JKN, and a narrative reason of “Resignation ILO Adverse Action” with a reentry 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. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or absence without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed. Army policy states that an under other than honorable conditions discharge is normally considered appropriate, however, a general 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 military records for the period of enlistment under review, the issue and documents 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 State of Missouri Army National Guard. However, the record does contain a property constituted DD Form 214 (Report of Separation and Record of Service), which indicates that 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. 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. The analyst noted the applicant’s contentions; however, the evidence was not sufficiently mitigating to warrant an upgrade of the discharge under review. 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: 3 October 2008 Location: Washington, DC 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 1 No change 4 Reason - Change 0 No change 5 (Board member names available upon request) EDGAR J. YANGER Colonel, U.S. Army 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 ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20070016582 ______________________________________________________________________________ Page 1 of 3 pages