Search Decisions

Decision Text

ARMY | DRB | CY2006 | AR20060007422
Original file (AR20060007422.txt) Auto-classification: Denied
Application Receipt Date: 060525	

Prior Review    Prior Review Date: None

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

Issues: See DD Form 293 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: NIF
Discharge Received:     Date: 040930   
Chapter: 8-27(f)    AR: NGR 600-200
Reason: Acts Or Patterns Of Misconduct
RE:     SPD: NA
Unit/Location: HHC 2nd Bn 103rd Armor Div Scranton, PA  

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:  710601  
Current ENL Date: 990720    Current ENL Term: 3 Years  ext 3 years 8 months (000301) 
Current ENL Service: 05 Yrs, 02 Mos, 11 Days ?????
Total Service:  13 Yrs, 07Mos, 10 Days ?????
Previous Discharges: USMCR-901106-910506/NA
                                      IADT-910507-911107/HD
                                      USMCR-911108-990719/NA
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 11C10 Indirect Fire Infantryman   GT: NIF   EDU: 14 Years   Overseas: None   Combat: None
Decorations/Awards: TJSM (1), 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 facts and circumstances leading to the applicant’s discharge 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.  It indicates he was discharged under the provisions of Paragraph 8-27f, 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 shows that, on 8 September 2004, Commonwealth Of Pennsylvania, Department Of Military And Veterans Affairs, The Adjutant General, Annville, PA, Orders 252-1024, discharged the applicant from the Army National Guard and assigned him to the USAR Control Group (Annual Training) to complete his statutory obligation, effective:  30 September 2004.  

      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 Pennsylvania Army National Guard and transfer to the United States Army Reserve Control Group (Annual Training).  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 the applicant was discharged under the provisions of Chapter 8, Paragraph 8-27(f), NGR 600-200, by reason of acts or patterns of misconduct with a general, under honorable conditions characterization of service.  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.  Therefore, 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: 070108              
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 applicant’s record of service 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: 

ROBERT L. HOUSE
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


MARY E. SHAW				DATE: 070112
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060007422

Applicant Name:  Mr.        
______________________________________________________________________


Page 5 of 5 pages

Similar Decisions

  • ARMY | DRB | CY2006 | AR20060017231

    Original file (AR20060017231.txt) Auto-classification: Denied

    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...

  • ARMY | DRB | CY2007 | AR20070012011

    Original file (AR20070012011.txt) Auto-classification: Denied

    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 | AR20070014570

    Original file (AR20070014570.txt) Auto-classification: Denied

    Applicant Name: ????? That NGB Form 22 indicates the applicant was discharged under the provisions of Paragraph 8-26g (2), NGR 600-200, by reason of erroneous enlistment or extension, with service uncharacterized, and a reenlistment eligibility (RE) Code of "3." Further, the Soldier may be separated with service uncharacterized while in an enry-level status.

  • ARMY | DRB | CY2008 | AR20080010590

    Original file (AR20080010590.txt) Auto-classification: Denied

    Applicant Name: ????? Applicant Request: Upgrade Reason Change RE Code Change Issues: The Applicant states in effect: "I was in Pa. Department of Corrections at the time of my Discharge and at no time to my knowledge did I do anything fraudulently at the time of my entry into the armed services, nor has anyone made me aware of what I could have done that was fraudulent. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change...

  • ARMY | DRB | CY2006 | AR20060006698

    Original file (AR20060006698.txt) Auto-classification: Denied

    Current ENL Service: 02 Yrs, 06Mos, 17Days ????? 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. Therefore, the reason for discharge and the characterization of service remains both proper and equitable.

  • ARMY | DRB | CY2007 | AR20070013834

    Original file (AR20070013834.txt) Auto-classification: Denied

    It indicates that the applicant was discharged under the provisions of Paragraph 8-26g, 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." It indicates that the applicant was discharged under the provisions of Paragraph 8-26g, NGR 600-200, by reason of unsatisfactory participation, with a characterization of service of general, under honorable conditions, and a...

  • ARMY | DRB | CY2008 | AR20080008805

    Original file (AR20080008805.txt) Auto-classification: Denied

    The record of evidence indicates the Applicant was discharged from the US Army Reserve with an honorable discharge on 020820, Orders D-08-233703, period of service NIF. The record also contains a California Army National Guard Form 600-2R (draft), Request for Discharge of Enlisted Members, dated 3 October 1999, indicating the Applicant was AWOL having missed 9 drills, and recommending the Applicant be discharged with an under other than honorable conditions discharge. The record contains a...

  • ARMY | DRB | CY2007 | AR20070017129

    Original file (AR20070017129.txt) Auto-classification: Denied

    Applicant Name: ????? Current ENL Service: 03 Yrs, 09Mos, 22Days ????? However, the record does contain a properly constituted NGB Form 22 (Report of Separation and Record of Service) which indicates that the applicant was discharged under the provisions of Chapter 8, paragraph 8-26e(2), NGR 600-200, by reason of misconduct-abuse of illegal drugs with a characterization of service of general, under honorable conditions and the analyst presumed Government regularity in the discharge...

  • ARMY | DRB | CY2009 | AR20090002404

    Original file (AR20090002404.txt) Auto-classification: Denied

    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 | CY2008 | AR20080010691

    Original file (AR20080010691.txt) Auto-classification: Denied

    Applicant Name: ????? 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. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: NA RE Code: Grade Restoration: No Yes Grade: None ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND...