Application Receipt Date: 060504
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See applicant's attached 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: 950425
Chapter: 8-26q NGR: 600-200
Reason: Misconduct-Unsatisfactory Participation
RE: SPD: NA
Unit/Location: B Battery, 1st Battalion, 107th Field Artillery, Pittsburgh, PA
Time Lost: None
Article 15s (Charges/Dates/Punishment): None
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
DOB: 630506
Current ENL Date: 921009 Current ENL Term: 03 Years ?????
Current ENL Service: 02 Yrs, 06Mos, 17Days ?????
Total Service: 11 Yrs, 06Mos, 05Days ?????
Previous Discharges: ARNG-820405-820731/NA
ADT-820801-821028/HD
ARNG-821029-870515/GD
USARCG-870516-880404/NA
USAR-891020-900730/NA
IRR-900801-911104/NA
USARCG-911105-921008/NA
Highest Grade: E4
Performance Ratings Available: Yes No
MOS: 13B10 (Cannon Crewmember) GT: 77 EDU: HS Grad Overseas: None Combat: None
Decorations/Awards: ASR, NDSM, ARCAM
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 specific facts and circumstances pertaining to the applicants discharge from the Pennsylvania Army National Guard and as a Reserve of the Army are not contained in the available records. Evidence of record shows that on 18 April 1995, The Commonwealth of Pennsylvania, Department of Military Affairs, The Adjutant General, Annville, Pennsylvania 17003-5002, Orders 074-034, discharged the applicant from the Army National Guard and as a Reserve of the Army, effective 25 April 1995, with an under other than honorable conditions discharge. The record contains a properly constituted NGB Form 22 (Report of Separation and Record of Service). His NGB Form 22 indicates that he was discharged under the provisions of Chapter 8-26q, NGR 600-200 by reason of unsatisfactory participation, with a characterization of service of under other than 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. Paragraph 8-26q of that regulation provides in pertinent part that individuals can be separated for being an unsatisfactory participant. 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. Characterization of service is normally under other than honorable conditions.
c. Response to Issues, Recommendation and Rationale:
After a careful review of all the applicants available records for the period of enlistment under review, the issue, and the independent evidence he submitted, the analyst recommends that relief be denied in this case. The record is void of the specific facts and circumstances concerning the events that led to a discharge from the State of Pennsylvania Army National Guard and the Reserve of the Army. However, the available records contain a properly constituted NGB Form 22. This document identifies the reason and characterization of the discharge and the analyst is presumming Government Regularity in the discharge process. The evidence of record shows the applicant was discharged under the provisions of Chapter 8, Paragraph 8-26q, NGR 600-200, by reason of unsatisfactory participation with an under other than honorable conditions characterization of service. The applicant has provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicants service mitigated the misconduct or poor duty performance. In the absence information 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. 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: 20 June 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 0 No change 5 - Character
Change 0 No change 5 - Reason
(Board member names available upon request)
IX. Board Discussion, Determination, and Recommendation
After carefully examining the applicants record of service during the period of enlistment under review and considering the analysts 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: Eric S. Moore, Examiner
X. Board Action Directed
No Change
Issue a new DD Form 214
Change Characterization to:
Change Reason to: NA
Other: NA
RE Code:
Grade Restoration: No Yes Grade: NA
XI. Certification Signature and Date
Approval Authority:
MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board
Official:
MARY E. SHAW DATE: 28 June 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20060006698
Applicant Name: Mr.
______________________________________________________________________
Page 4 of 5 pages
ARMY | DRB | CY2006 | AR20060017231
Current ENL Service: 01 Yrs, 05 Mos, 23 Days ????? The evidence of record shows the applicant was discharged under the provisions of Chapter 8, paragraph 8-27f, NGR 600-200, by reason of misconduct-unsatisfactory participant, with a characterization of service of under other than honorable conditions, and a reenlistment eligibility (RE) code of "4." Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: MARY...
AF | DRB | CY2007 | AR20070006164
Current ENL Service: 06 Yrs, 06Mos, 03Days ????? The evidence of record shows the applicant was discharged under the provisions of Chapter 8, Paragraph 8-26q, 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." Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: CHRISTINE U....
ARMY | DRB | CY2007 | AR20070006164aC071121
This document indicates that the applicant was discharged under the provisions of Paragraph 8-26q, NGR 600-200, by reason of acts or patterns of misconduct with a characterization of service of general, under honorable conditions, with a reenlistment eligibility (RE) code of "3". 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...
ARMY | DRB | CY2009 | AR20090002404
It indicates that the applicant was discharged under the provisions of Paragraph 8-26q, NGR 600-200, by reason of unsatisfactory participation, with a characterization of service of under other than honorable conditions, and a reenlistment eligibility (RE) code of "4." It indicates that the applicant was discharged under the provisions of Paragraph 8-26q, NGR 600-200, by reason of unsatisfactory participation, with a characterization of service of under other than honorable conditions, and...
ARMY | DRB | CY2007 | AR20070012011
It indicates that the applicant was discharged under the provisions of Paragraph 8-27f, NGR 600-200, by reason of unsatisfactory participation with a characterization of service of general, under honorable conditions and a reenlistment eligibility (RE) Code of " 3." 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. An enlisted member separated for misconduct which...
ARMY | DRB | CY2007 | AR20070017665
It indicates that the applicant was discharged under the provisions of Paragraph 8-27(f), NGR 600-200, by reason of unsatisfactory participation with a characterization of service of general, under honorable conditions and a reenlistment eligibility (RE) Code of " 3." 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. The evidence of record shows the applicant...
ARMY | DRB | CY2008 | AR20080006447
Application Receipt Date: 2008/04/02 Prior Review: Prior Review Date: NA I. It indicates that the applicant was discharged under the provisions of paragraph 8-26(k), NGR 600-200, by reason of unsatisfactory participation 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 the applicant was discharged under the provisions of Chapter 8, paragraph 8-26(k), NGR 600-200, by reason...
ARMY | DRB | CY2006 | AR20060016053
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. The applicants record is void of the specific facts and circumstances concerning the events that led to his discharge from the State of Michigan Army National Guard. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E....
ARMY | DRB | CY2006 | AR20060011659
This document indicates that the applicant was discharged from the Army National Guard of the state of New Jersey and as a Reserve of the Army under the provisions of Paragraph 8-27q, NGR 600-200, by reason of acts or patterns of misconduct, with a charactaerization of service of under other than honorable conditions, with a RE code of "3". The evidence of record shows on the applicant's DD Form 214 that he was discharged under the provisions of Chapter 8, Paragraph 8-26q, NGR 600-200, by...
ARMY | DRB | CY2005 | AR20050001420
Remarks: NONE SECTION B - Prior Service Data NONE Other discharge(s): Service From To Type Discharge PART IV - PREHEARING REVIEW SECTION A-ANALYST’S ASSESSMENT l. Facts and Circumstances: a. His NGB Form 22 indicates that he was discharged under the provisions of Chapter 8-26q, NGR 600-200 by reason of unsatisfactory participation, with a characterization of service of under other than honorable conditions. SECTION B - CERTIFICATION Approval Authority: ROBERT L. HOUSE Colonel, U.S....