Search Decisions

Decision Text

ARMY | DRB | CY2006 | AR20060008233
Original file (AR20060008233.txt) Auto-classification: Denied
Application Receipt Date: 060609	

Prior Review    Prior Review Date: None

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

Issues: See 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: 030918   
Chapter: 8-27(a)    AR: NGR 600-200
Reason: Acts Or Patterns Of Misconduct
RE:     SPD: NA
Unit/Location: 933rd Military Police Company (Rear) Chicago, IL 60616-1424 IL ARNG  

Time Lost: None

Article 15s (Charges/Dates/Punishment): The applicant states on her DD Form 293 that she received an article 15 for refusing to take the anthrax vaccine, however, document not in file (NIF).

Court-Martials (Charges/Dates/Punishment): NIF

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  801121  
Current ENL Date: 010815    Current ENL Term: 8 Years  ?????
Current ENL Service: 02 Yrs, 01 Mos, 04 Days ?????
Total Service:  02 Yrs, 01 Mos, 04Days ?????
Previous Discharges: ARNG-010815-030918/GD
                                      ADT-011014-020308/UNC
                                          (Concurrent Service)
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 95B10 Military Police   GT: NIF   EDU: HS Letter   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR
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 from the State of Illinois Army National Guard and as a Reserve of the Army 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.  Her NGB Form 22 indicates that she was discharged under the provisions of paragraph 8-27(a), 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 "3."  Evidence of record shows that on 24 October 2003, Department Of Military Affairs, State Of Illinois, Springfield, Illinois, Orders 297-103, discharged the applicant from the Army National Guard and as a Reserve of the Army, effective date:  18 September 2003.     

      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 and the issue she 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 her discharge from the State of Illinois 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 8-27(a), NGR 600-200, by reason of acts or patterns of misconduct with a characterization of service of general, under honorable conditions.  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 narrative reason for discharge remains both proper and equitable.

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 2 May 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 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, voted to deny relief. 






















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

Case Number AR20060008233

Applicant Name:  Ms.        
______________________________________________________________________


Page 2 of 5 pages

Similar Decisions

  • ARMY | DRB | CY2006 | AR20060006792

    Original file (AR20060006792.txt) Auto-classification: Approved

    Therefore, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: None Other: Thru: Chief, National Guard Bureau Date: 28 March 2007 To: Adjutant General, State of Illinois 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,...

  • ARMY | DRB | CY2007 | AR20070018948

    Original file (AR20070018948.txt) Auto-classification: Denied

    Applicant Name: ????? Discharge Under Review Unit CDR Recommended Discharge: Date: NIF Discharge Received: Date: 071030 Chapter: 8-35L (8) AR: NGR 600-200 Reason: Medically Unfit for Retention Per AR 40-501 RE: SPD: NA Unit/Location: 623rd Pers Det, Springfield, IL Time Lost: None Article 15s (Charges/Dates/Punishment): NIF Courts-Martial (Charges/Dates/Punishment): NIF Counseling Records Available: Yes No IV. Certification Signature Board Vote: Approval Authority: Character - Change 0 No...

  • ARMY | DRB | CY2006 | AR20060014107

    Original file (AR20060014107.txt) Auto-classification: Denied

    Previous Discharges: ARNG-000126-040813/GD ADT-000314-000727/UNC Highest Grade: E4 Performance Ratings Available: Yes No MOS: 92Y10 Unit Supply Spec GT: NIF EDU: HS Grad Overseas: None Combat: None Decorations/Awards: NDSM, ASR V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: The applicant reenlisted in the Illinois Army National Guard and attained the rank of Sergeant/E5. c. Response to Issues, Recommendation and Rationale: After a careful review of...

  • ARMY | DRB | CY2009 | AR20090002549

    Original file (AR20090002549.txt) Auto-classification: Approved

    The evidence of record shows the applicant was discharged under the provisions of Chapter 8, paragraph 8-27(g), NGR 600-200, by reason of unsatisfactory participation with a characterization of service of general, under honorable conditions discharge. However, in review of the applicant’s entire service record, the analyst found that these accomplishments did not overcome the reason for discharge and characterization of service granted. Board Action Directed President, Army Discharge...

  • ARMY | DRB | CY2008 | AR20080003333

    Original file (AR20080003333.txt) Auto-classification: Denied

    It indicates that the applicant was discharged under the provisions of Paragraph 8-27(g), 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 shows the applicant was discharged under the provisions of Chapter 8, paragraph 8-27(g), NGR 600-200, by reason of unsatisfactory participation with a characterization of service of general, under...

  • ARMY | DRB | CY2008 | AR20080003456

    Original file (AR20080003456.txt) Auto-classification: Denied

    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 was discharged under the provisions of Chapter 8, paragraph 8-27(f), NGR 600-200, by reason of unsatisfactory participation with a characterization of service of general, under honorable conditions discharge. Board Action Directed President, Army Discharge Review...

  • ARMY | DRB | CY2006 | AR20060008935

    Original file (AR20060008935.txt) Auto-classification: Denied

    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. Therefore, the reason for discharge and the characterization of service remains both proper and equitable. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review...

  • ARMY | DRB | CY2006 | AR20060007422

    Original file (AR20060007422.txt) Auto-classification: Denied

    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 ????? Therefore, the reason for discharge and the characterization of service were both proper and equitable. 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...

  • ARMY | DRB | CY2006 | AR20060013369

    Original file (AR20060013369.txt) Auto-classification: Denied

    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 | CY2006 | AR20060010453

    Original file (AR20060010453.txt) Auto-classification: Denied

    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 reason for discharge and the characterization of service remains both proper and equitable. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: CHRISTINE U. MARTINSON DATE: 11...