Application Receipt Date: 060517
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: 041114
Chapter: Para 8-27t NGR: 600-200
Reason: NIF
RE: SPD: None
Unit/Location: A Company, 1st Battalion, 69th Infantry, 68 Lexington Avenue, NY
Time Lost: Total amount of lost time is unknown, however, a DA Form 4187 (Personnel Action) found in the applicant's record shows he was reported as being AWOL on 041015.
Article 15s (Charges/Dates/Punishment): None
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
DOB: 830213
Current ENL Date: 040515 Current ENL Term: 560 Days ?????
Current ENL Service: 00 Yrs, 07Mos, 00Days ?????
Total Service: 02 Yrs, 02Mos, 07Days ?????
Previous Discharges: RA-000824-010209/UNC
ARNG-030224-030526/NA
RA-030527-030912/HD
ARNG-030913-040514/Concurrent Service
Highest Grade: E2
Performance Ratings Available: Yes No
MOS: 11B10 (Infantryman) GT: 100 EDU: GED Overseas: None Combat: None
Decorations/Awards: ASR, 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 applicants record is void of the specific facts and circumstances concerning the events that led to a discharge from the New York Army National Guard. The evidence of record does contain a discharge order, No. 082-1005, from the Office of the Adjutant General Joint Force Headquarters, 330 Old Niskayuna Road, Latham, New York, dated 23 March 2005. The order shows the applicant, was discharged with a characterization of service of uncharacterized, under provisions of NGR 600-200 Para 8-27t.
b. Legal Basis for Separation:
National Guard Regulation (NGR) 600-200 and Army Regulation 630-10 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 applicants available records for the period of enlistment under review, and the issue he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The applicants record is void of the specific facts and circumstances concerning the events that led to his discharge from the New York Army National Guard. However, the applicants record does contain a discharge order. This document identifies the characterization of the discharge and the analyst presumed government regularity in the discharge process. The order indicates that the applicant was discharged under the provisions of Chapter 8-27t, NGR 600-200. A fully honorable discharge may be granted only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty. The Analyst determined that no such unusual circumstances were present in the applicants record and his service did not warrant an honorable discharge. 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: 21 March 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 No change (Character)
Change No change (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: 30 March 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20060007020
Applicant Name: Mr.
______________________________________________________________________
Page 5 of 5 pages
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