Application Receipt Date: 070402	

Prior Review    Prior Review Date: None

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

Issues: See applicant's D Form 214 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: 060601
Discharge Received:     Date: 060811   
Chapter: 8-26e (1)    AR: NGR 600-200
Reason: Conviction by Civil Court
RE:     SPD: NA
Unit/Location: Company C, 2nd Battalion, 124th Infantry, Orlando, FL 32809 

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: 000928    Current ENL Term: 8 Years  ?????
Current ENL Service: 03  Yrs, 06 Mos, 25 Days ?????
Total Service:  05  Yrs, 10 Mos, 14 Days ?????
Previous Discharges: ARNG-000928-060811/GD
                                          (Concurrent Service)
Highest Grade: E2
Performance Ratings Available: Yes    No 
MOS: 11B10 Infantryman   GT: 115   EDU: HS Grad   Overseas:  SouthWest Asia   Combat: Iraq/Jordan (030217-040131)
Decorations/Awards: ARCOM, NDSM (2), AFRM w/"M" Device, ASR, OSB (2), CIB, ALB
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 facts and circumstances pertaining to the applicant’s discharge from the State Of Florida 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 212 indicates the applicant was discharged under the provisions of Paragraph 8-26e, NGR 600-200, by reason of conviction by civil court with a characterization of service of general,under honorable conditions, and a reenlistment eligibility (RE) Code of  "3."  On 11 August 2006, Departments of the Army and the Air Force, Florida National Guard, Office of the Adjutant General, St. Francis Barracks, St. Augustine, Florida, Orders 223-038, discharged the applicant from the Army National Guard and as a Reserve of the Army, effective date:  11 August 2006, with a general, under honorable conditions discharge.  
      
      The analyst noted that the unit commander initiated action to separate the applicant from the Florida Army National Guard under provisions of AR 135-178, Chapter 7, the aforementioned Chapter covers Defective Enlistments and Reenlistments. 

      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 National Guard and as a Reserve of the Army.  The regulation defines misconduct by reason of one or more of the following:  minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, abuse of illegal drugs, and conviction by civil authorities. 
      

      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 recommends that relief be denied in this case.  The applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the State of Florida Army National Guard and a Reserve of  the Army.  However, the available records does contain a properly constituted NGB Form 22 (Report of Separation and Record of Service), which 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 evidence of record shows the applicant was discharged under the provisions of Chapter 8, Paragraph 8-26(e), NGR 600-200, by reason of conviction by civil court, with a characterization of service of general, under honorable conditions.  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 were both proper and equitable.

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 15 October 2007              
Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel:  Yes [redacted]

Witnesses/Observers: Yes (parents) 

Exhibits Submitted: The applicant submitted 2 additional pages of documents in support of his personal appearance hearing.

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, hearing his testimony, and considering the analyst’s recommendation and rationale, the Board found that the characterization of service was too harsh and as a result it is now inequitable.  The Board determined that the overall length and quality of the applicant's service, to include his combat service, circumstances surrounding the discharge, and his post service accomplishments mitigated the discrediting entry in his service record.  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.  This action entails a restoration of grade to PV2/E2.

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: None
Other: Thru:  Chief, National Guard Bureau            Date: 29 October 2007
To:  Adjutant General, State of Florida 

            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 Florida, with issuance of a new NGB Form 22, as follows:
                  
           ( X )	Change characterization of discharge to Honorable.  
           ( X)     Restoration of grade to PV2/E2.
           ( X )	Other (see remarks below). 

Remarks:  This action entails a change to the applicant’s discharge from the Reserve of the Army to reflect a characterization of service of honorable.  ARBA Support Division-St. Louis, is directed to insure that the applicant’s discharge from the Reserve of the Army reflects the aforementioned change.
RE Code:  
Grade Restoration:   No   Yes  Grade: PV2/E2

XI.  Certification Signature and Date
Approval Authority: 

MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


CHRISTINE U. MARTINSON			DATE: 29 October 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE