Application Receipt Date: 060427	

Prior Review    Prior Review Date: None

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

Issues: See DD Form 293.

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: 041025   
Chapter: Appendix A 1-27(p)    AR: 600-43 & NGR 600-200
Reason: Conscientious Objection
RE:     SPD: NA
Unit/Location: Det 1, Troop T, 4th Sqdn 278th ACR, Smyrna,TN 37167-2008  

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:  620826  
Current ENL Date: 980918    Current ENL Term: 6 Years  ?????
Current ENL Service: 06 Yrs, 01 Mos, 08 Days ?????
Total Service:  24 Yrs, 03 Mos, 05 Days ?????
Previous Discharges: USN-800721-870701/HD
                                      USN-870702-950516/HD
                                      USNR-960327-980917/NA
                                        
Highest Grade: E6
Performance Ratings Available: Yes    No 
MOS: 15F30 Aircraft Electrician   GT: 116   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR, ARCAM (2), GCDM-Navy-(3), SSDR, NM-EXP-MDL, AFQUA, NAM, TNGVR, TNGSR, TNGAR (4)
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 leading to the applicant’s discharge from the State Of Tennessee 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.  His NGB Form 22 indicates that he was discharged under the provisions of Appendix A, Paragraph 1-27(p), NGR 600-200, and AR 600-43, by reason of conscientious objection, with a characterization of service of general, under honorable conditions, and a reenlistment eligibility (RE) code of "4."  On 3 March 1996, Orders 320-106, Departments Of The Army And The Air Force, Joint Force Headquarters, Nashville,TN, discharged the applicant from the Army National Guard and as a reserve of the Army, effective date:  25 October 2004, with a characterization of service of general, under honorable conditions.

      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.  Appendix A Paragraph 1-27(p) of that regulation and AR 600-43 provides in pertinent part that individuals can be separated for conscientious objection.  When separated under this regulation an honorable or general, under honorable conditions 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 and the issues he submitted, the analyst recommend 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 Tennessee Army National Guard.  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 discharge and the analyst presumed Government regularity in the discharge process.  The evidence of record shows that the applicant was discharged under the provisions of Appendix A, Paragraph 1-27(p), NGR 600-200, and AR 600-43, by reason of conscientious objection, with a general, under honorable conditions characterization of service, and a reenlistment eligibility (RE) code of "4."  The analyst noted the applicant’s contentions; however, the evidence was not sufficiently mitigating to warrant an upgrade of the discharge under review.  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.  Furthermore, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “4.”  An RE code of “4” can not be waived and the applicant is no longer eligible for reenlistment.  Therefore, the reason for discharge and the characterization of service remains both proper and equitable.

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 070307              
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     No change    (Character)
		 			       	Change     No change    (Reason)
					      (Board member names available upon request)

IX.  Board Discussion, Determination, and Recommendation
After carefully examining all of the applicant’s available military records 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 not to change it.





















Case report reviewed and verified by: Mr. Kenneth McFarley, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: None
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: 


MARY E. SHAW				DATE: 070308
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060006054

Applicant Name:  Mr.       
______________________________________________________________________


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