Application Receipt Date: 060606	

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: 930423   
Chapter: 8-27j    NGR: 600-200
Reason: Failure to Obtain Required Physical 
RE:     SPD: FA
Unit/Location: Headquarters Army National Guard Training Site, Camp Edwards, MA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): None

Court-Martials (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  460717  
Current ENL Date: 830803    Current ENL Term: 03 Years  (Extended enlistment three years on 860728, and again on 890709 for another three years making new ETS 950802)
Current ENL Service: 09 Yrs, 08Mos, 21Days ?????
Total Service:  22 Yrs, 08Mos, 21Days ?????
Previous Discharges: RA-651122-681105/HD
                                      USARCG-681106-711121/NA
                                      ARNG-760615-830614/HD
Highest Grade: E6
Performance Ratings Available: Yes    No 
MOS: 51H30 (Construction Eng Supervisor)   GT: 118   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: ASR, NDSM (2d Award), ARCOM (3d Award), AFSM, OSR, AGCM, BS, MSM
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.  Evidence of record shows that on 26 April 1993, The Commonwealth of Massachusetts, Office of the Adjutant General, Camp Curtis Guild, Reading, Massachusetts 01867-1999, Orders 77-2, discharged the applicant from the Army National Guard, effective 23 April 1993, with a general, under honorable conditions discharge, and assigned him to the USAR Control Group (Reinforcement), St Louis, Missouri for the remainder of his contractual obligation.  The record contains a properly constituted NGB Form 22 (Report of Separation and Record of Service).  It indicates that the applicant was discharged under the provisions of Paragraph 8-27j, NGR 600-200, with a characterization of service of general, under honorable conditions, with a RE Code of 3.

      b.  Legal Basis for Separation:  
      National Guard Regulation (NGR) 600-200 and NGR 40-501 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 8-27(j) of that regulation provides in pertinent part that individuals can be separated for failure to obtain required physical IAW NGR 40-501.
      
      
      
      
      

      c.  Response to Issues, Recommendation and Rationale:  
      The applicant’s record is void of the specific facts and circumstances concerning the events that led to a discharge from the State of Massachusetts Army National Guard.  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 8-27j, NGR 600-200, by reason of failure to obtain required physical a general, under honorable conditions characterization of service.  The analyst noted the applicant’s contentions; however, the applicant has provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance.  In the absence of corroborated 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 remains both proper and equitable.  

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 2 April 2007              
Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel:  yes [ redacted ]


Witnesses/Observers:  yes [ spouse ] and observer 

Exhibits Submitted: Applicant provide four additional documents in support of his case.




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, hearing his testimony, and considering the analyst’s recommendation and rationale, the Board determined that the discharge was inequitable.  The Board found that the overall length and quality of the applicant's service and the circumstances surrounding the discharge, mitigated the discrediting entries in his service record.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable and change the narrative reason for separation to Secretarial Authority.  This action does not entail a change to the reentry eligibility (RE) code.
















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: Secretarial Authority

Other: Thru:  Chief, National Guard Bureau            Date: 4 April 2007
To:  Adjutant General, State of Massachusetts 

            The Army Discharge Review Board, established under the provisions of Section 30, Public Law 346, 78th Congress, 22 June 1944 and codified as Title 10, United States Code, Section 1553, in the case of the applicant named in Part I recommends that the applicant be considered for a change of his discharge by the Adjutant General, State of Massachusetts, with issuance of a new NGB Form 22, as follows:
                  
           ( X )	Change characterization of discharge to Honorable.  
           ( X )    Change narrative reason for separation to "Secretarial Authority."  

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: 11 April 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060008137

Applicant Name:  Mr.        
______________________________________________________________________


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