Search Decisions

Decision Text

AF | DRB | CY2007 | AR20070008294
Original file (AR20070008294.txt) Auto-classification: Denied
Application Receipt Date: 070613	

Prior Review    Prior Review Date: None

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

Issues: See applicant's attached DD Form 293 and supporting 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: 011201   
Chapter: 8    NGR: 600-200
Reason: Acts or Patterns of Misconduct (The applicant NGB Form 22 reads "First Time Drug Offender")
RE:     SPD: NA
Unit/Location: B Battery, 2d Battalion, 110th Field Artillary, 29th Infantry Division, 610 Reisterstown, MD  21208-5197 (WPHGTO-550) 

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:  
Current ENL Date: 990201    Current ENL Term: 04 Years  02 Months 23 Days
Current ENL Service: 02 Yrs, 10Mos, 01Days ?????
Total Service:  06 Yrs, 02Mos, 18Days ?????
Previous Discharges: RA-950914-990131/HD
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 13E10 (Advance Field Artillery Tatical Data System)   GT: 117   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: ASR, NDSM, AAM (6th Award), ARCOM (2d Award), Parachutist Badge, Certificate of Achievement (7)
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 Maryland Army National Guard and as a Reserve of the Army 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.  This document indicates that the applicant was discharged under the provisions of Chapter 8, Paragraph 8-26e (2) (a), NGR 600-200, by reason of acts or patterns of misconduct, with a characterization of service of general, under honorable conditions and a reenlistment eligibility (RE) code of  "3."  The evidence of record further shows that on 21 November 2001, State of Maryland, Military Department, Fifth Regiment Armory, Baltimore, Maryland, Orders 185-066 MD-STARC-ARP, discharged the applicant from the Army National Guard and as a Reserve of the Army, effective 1 December 2001, with an general, under honorable conditions discharge.

      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 and the issues 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 Maryland Army National Guard and as a Reserve of the Army.  The evidence of record shows the applicant was discharged under the provisions of Chapter 8, Paragraph 8-26e (2) (a), NGR 600-200, by reason of acts or patterns of misconduct with a characterization of service of general, under honorable conditions and the analyst presumed Government Regularity in the discharge process.  In the absence of corroborated 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.  Furthermore, the analyst noted the applicant's contention, however, although a single incident, the analyst concluded that the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army.  The applicable Army Regulation states that there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization.  In view of the foregoing, 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: 14 November 2007              
Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: ?????

Witnesses/Observers: ????? 

Exhibits Submitted: ?????

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
?????

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: ?????
Other: ?????
RE Code:  
Grade Restoration:   No   Yes  Grade: ?????

XI.  Certification Signature and Date
Approval Authority: 

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

Official: 


CHRISTINE U. MARTINSON			DATE: 16 November 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Similar Decisions

  • ARMY | DRB | CY2006 | AR20060013369

    Original file (AR20060013369.txt) Auto-classification: Denied

    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. Therefore, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: CHRISTINE...

  • ARMY | DRB | CY2006 | AR20060010448

    Original file (AR20060010448.txt) Auto-classification: Denied

    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. The evidence of record shows the applicant was discharged under the provisions of Chapter 8, Paragraph 8-26e (2) (a), NGR 600-200, by reason of acts or patterns of misconduct with a characterization of service of general, under honorable conditions and the analyst presumed...

  • ARMY | DRB | CY2006 | AR20060007746

    Original file (AR20060007746.txt) Auto-classification: Denied

    Soldier’s Overall Record DOB: 741221 Current ENL Date: 930423 Current ENL Term: 6 Years 11 months/24 days Current ENL Service: 07 Yrs, 04 Mos, 17 Days ????? Therefore, the reason for discharge and the characterization of service were both proper and equitable. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 12 April 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY...

  • ARMY | DRB | CY2007 | AR20070017721

    Original file (AR20070017721.txt) Auto-classification: Denied

    Discharge Under Review Unit CDR Recommended Discharge: Date: NIF Discharge Received: Date: 980501 Chapter: 8-26e (1) AR: NGR 600-200 Reason: Conviction by Civil Court RE: SPD: NA Unit/Location: 82nd Maint Co, Columbus, GA Time Lost: None Article 15s (Charges/Dates/Punishment): The applicant was reduced from "E-4" to "E-3" effective 5 May 1996. Current ENL Service: 03 Yrs, 00Mos, 05 Days ????? Board Discussion, Determination, and Recommendation After carefully examining the applicant’s...

  • ARMY | DRB | CY2009 | AR20090005198

    Original file (AR20090005198.txt) Auto-classification: Denied

    Legal Basis for Separation: National Guard Regulation (NGR) 600-200 and Army Regulation 135-78 govern procedures covering enlisted personnel management of the Army National Guard. The evidence of record shows the applicant was discharged under the provisions of Chapter 8, paragraph 8-26, NGR 600-200, by reason of acts or patterns of misconduct with a characterization of service of under other than honorable conditions. Accordingly, the Board voted to grant relief in the form of an upgrade...

  • ARMY | DRB | CY2006 | AR20060006721

    Original file (AR20060006721.txt) Auto-classification: Approved

    Current ENL Service: 04 Yrs, 04Mos, 20Days ????? 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. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 9 May 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY...

  • ARMY | DRB | CY2007 | AR20070010437

    Original file (AR20070010437.txt) Auto-classification: Denied

    Applicant Name: ????? It indicates that the applicant was discharged under the provisions of Paragraph 8-26e (2), NGR 600-200, by reason of alcohol or other drug abuse, with a characterization of service of general, under honorable conditions and a Reenlistment Eligibility (RE) code of "3." Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: CHRISTINE U. MARTINSON DATE: 15 July 2008 Lieutenant Colonel,...

  • ARMY | DRB | CY2007 | AR20070004844aC071121

    Were Proper Discharge and Separation Authority procedures followed? 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." Therefore, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable.

  • ARMY | DRB | CY2006 | AR20060010457

    Original file (AR20060010457.txt) Auto-classification: Denied

    Facts and Circumstances: Evidence of record shows that on 21 July 2004, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 12-1, AR135-178, and paragraph 8-26e (2), NGR 600-200, by reason of misconduct—acts or patterns of misconduct (violation of NGR 600-5, paragraphs 6-5(c)1, inappropriate professional and person conduct and 6-5(c)2, moral or professional dereliction, as substantiated in the AR 15-6 investigation report of findings...

  • ARMY | DRB | CY2008 | AR20080015082

    Original file (AR20080015082.txt) Auto-classification: Denied

    Applicant Request: Upgrade Reason Change RE Code Change Issues: The Applicant states, "my discharge was inequitable because it was based on one isolated incident in the 4 yrs and 10 months of service with no other adverse action". The evidence of record shows the applicant was discharged under the provisions of Chapter 8, paragraph 8-26, NGR 600-200, by reason of acts or patterns of misconduct with a characterization of service of under other than honorable conditions. Board Action...