Application Receipt Date: 061031	

Prior Review    Prior Review Date: None

I.  Applicant Request
Request:  Upgrade     Reason Change     RE Code Change    

Issues: See applicant's DD Form 293 and attached documents.

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: 030920   
Chapter: 8-26K    AR: NGR 600-200
Reason: Unsatisfactory Participant
RE:     SPD: NA
Unit/Location: A Battery, 1-121 FA, Milwaukee, WI 53212-1055 

Time Lost: None

Article 15s (Charges/Dates/Punishment): NIF

Court-Martials (Charges/Dates/Punishment): NIF

Counseling Records Available: Yes    No 

IV.  Soldier's Overall Record
DOB:  
Current ENL Date: 010921    Current ENL Term: 1 Years  The applicant extended for 1 year on (020913).
Current ENL Service: 02  Yrs, 00 Mos, 00 Days      
Total Service:  03  Yrs, 04 Mos, 08 Days      
Previous Discharges: USMC-930405-940812/HD
Highest Grade: E3
Performance Ratings Available: Yes    No 
MOS: MLRS Ammunition Spec   GT: 100   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The complete facts and circumstances pertaining to the applicant's discharge from the State of Wisconsin Army National Guard and as a Reserve of the Army are not contained in the available records.  However, the record does show that on 26 August 2003, the applicant's chain of command recommended separation from the State of Wisconsin Army National Guard.  See WIARNG Form 200-E.  Furthermore, the record does contain a properly constituted NGB Form 22 (Report of Separation and Record of Service), which the applicant was unavailable for signature.  It indicates that the applicant was discharged under the provisions of Paragraph 8-26(k), NGR 600-200, by reason of unsatisfactory participant with a characterization of service of general, under honorable conditions and a reenlistment eligibility (RE) Code of " 3."  On 26 November 2003, the Department of Military Affairs, Office of the Adjutant General, Madison, WI, Orders 330-506, discharged the applicant from the Army National Guard and as a Reserve of the Army, effective date: 20 September 2003, with a general, under honorable conditions discharge.  

      b.  Legal Basis for Separation:  
      National Guard Regulation (NGR) 600-200 and Army Regulation 135-178 govern procedures covering enlisted personnel of the Army National Guard.  Chapter 8 of NGR 600-200 covers, in pertinent part, discharge and separation of enlisted personnel for misconduct due to unsatisfactory participation.  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.  An enlisted member separated for misconduct which includes unsatisfactory participation will normally be furnished a characterization of service of under other than honorable conditions, but characterization as general, under honorable conditions may be warranted under the guidelines in chapter 2, section III in accordance with Army Regulation 135-178. 

      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 issues and documents he submitted, there was a full consideration of all faithful and honorable service as well as the infractions of discipline, the extent thereof, and the seriousness of the offense.  The analyst does not condone the applicant's misconduct; however, determined that the characterization of service is improper.  The evidence of record supports that he was discharged on the expiration term of service date (ETS).  Army Regulation 135-178, Paragraph 4-4, states, in effect, that only an honorable characterization of service may be awarded a Soldier upon completion of his period of enlistment (i.e., ETS date).  In view of the foregoing the analyst recommends that that relief be granted in the form of an upgrade of the characterization of service to fully honorable. 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: 21 December 2007              
Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA

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 5    No change 0   - Character
		 			      Change 0    No change 5   - Reason
					      (Board member names available upon request)

IX.  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 characterization of service was too harsh, and as a result it is inequitable.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable.  However, the Board determined that the reason for discharge was both proper and equitable, and voted not to change it.

Case report reviewed and verified by: , Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: Thru:  Chief, National Guard Bureau       Date: 13 December 2007
To:  Adjutant General, State of Wisconsin

            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 Wisconsin, with issuance of a new NGB Form 22, as follows:
                  
           ( X )  Change characterization of discharge to fully Honorable.
 
Other: NA
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: 


CHRISTINE U. MARTINSON			DATE: 17 December 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE