Application Receipt Date: 060531
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: 000909
Chapter: 8-26e (2) AR: NGR 600-200
Reason: Acts Or Patterns Of Misconduct
RE: SPD: NA
Unit/Location: 40th Military Police Company Los Alamitos, CA 90720-5167
Time Lost: None
Article 15s (Charges/Dates/Punishment): NIF
Court-Martials (Charges/Dates/Punishment): NIF
Counseling Records Available: Yes No
IV. Soldiers 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 ?????
Total Service: 08 Yrs, 04 Mos, 22 Days ?????
Previous Discharges: USAR-920417-930422/NA
ADT-931227-940318/UNC
Highest Grade: E4
Performance Ratings Available: Yes No
MOS: 95B10 Military Police GT: 104 EDU: HS Grad Overseas: None Combat: None
Decorations/Awards: NDSM, ASR, CADAR
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 applicants discharge from the State of California Army 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. It indicates that the applicant was discharged under the provisions of Paragraph 8-26e, 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 Code of RE "2." On 2 February 2001, the State Of California, Office Of The Adjutant General, Sacramento, CA, Orders 33-1160, discharged the applicant from the Army National Guard and as a reserve of the Army, effective: 9 September 2000, with a 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 applicants available military records for the period of enlistment under review, the issues and documents he submitted, the analyst recommend that relief be denied in this case. The applicants record is void of the specific facts and circumstances concerning the events that led to his discharge from the State of California Army National Guard and a reserve of the Army. 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 identifies the reason and characterization of the service 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 8-26(e), NGR 600-200, by reason of acts or patterns of misconduct with a characterization of service of general, under honorable conditions. The analyst noted the applicants 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: 4 April 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: 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: 12 April 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20060007746
Applicant Name: Mr.
______________________________________________________________________
Page 5 of 5 pages
ARMY | DRB | CY2006 | AR20060013369
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 | CY2008 | AR20080010848
Application Receipt Date: 2008/07/01 Prior Review: Prior Review Date: NA I. 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. Further, the analyst determined that the applicants Official Military Personnel File (OMPF) does not contain all the specific documents that would indicate the reason for...
ARMY | DRB | CY2008 | AR20080003778
Applicant Name: ????? Current ENL Service: 02 Yrs, 04Mos, 23Days ????? 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 DIRECTIVE Case Number AR20080003778 ______________________________________________________________________________ Page 1 of 3 pages
ARMY | DRB | CY2008 | AR20080007909
The evidence of record shows the applicant was discharged under the provisions of Chapter 8, paragraph 8-26e(2), NGR 600-200, by reason of acts or a pattern of misconduct with a characterization of service of general, under honorable conditions. 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...
ARMY | DRB | CY2009 | AR20090005198
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 | CY2007 | AR20070010437
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 | CY2008 | AR20080004726
Applicant Name: ????? The evidence of record shows the applicant was discharged under the provisions of Chapter 8, paragraph 8-26e(2), NGR 600-200, by reason of misconductacts or patterns of misconduct, with a characterization of service of under other than honorable conditions. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA ARMY DISCHARGE REVIEW...
ARMY | DRB | CY2008 | AR20080016175
Applicant Request: Upgrade Reason Change RE Code Change Issues: See DD Form 149 submitted by the applicant in lieu of DD Form 293 and attached documents. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicants available military records during the period of enlistment under review, the documents and the issues she submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. Board Action Directed...
ARMY | DRB | CY2008 | AR20080007515
Applicant Name: ????? It indicates that the applicant was discharged under the provisions of Paragraph 8-26e(1), 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." 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: NA ARMY...
ARMY | DRB | CY2008 | AR20080015082
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...