Application Receipt Date: 060726
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See applicant's attached 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: 981031
Chapter: 8-26e (2) (a) NGR: 600-200
Reason: Acts Or Patterns Of Misconduct
RE: SPD: NA
Unit/Location: Detachment 1, Company C, 1st Battalion, 119th Infantry (728), Edenton, NC 27932
Time Lost: None
Article 15s (Charges/Dates/Punishment): None
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
DOB: 571030
Current ENL Date: 891116 Current ENL Term: 08 Years (Applicant extended period of enlistment 3 years on (961115), new ETS (991115)).
Current ENL Service: 08 Yrs, 11Mos, 16Days ?????
Total Service: 09 Yrs, 00Mos, 16Days ?????
Previous Discharges: ARNG-890121-890220/UNC
ADT-900116-900615/UNC
(Concurrent)
Highest Grade: E4
Performance Ratings Available: Yes No
MOS: 31K10 (Combat Signaller) GT: 99 EDU: GED Overseas: None Combat: None
Decorations/Awards: NDSM, ASR, Army Reserve Components Achievement Medal, North Carolina National Guard Service Award, ARCOTR
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 North Carolina Army National Guard and as a Reserve of the Army. The evidence of record shows that on 22 October 1998, State of North Carolina Department of Crime Control and Public Safety, Office of the Adjutant General, Raleigh, NC, Orders 243-102, discharged the applicant from the Army National Guard and as a Reserve of the Army, effective 31 October 1998, with an general, under honorable conditions discharge. It indicates that the applicant was discharged under the provisions of Paragraph 8-26e (2) (a), NGR 600-200, and a reenlistment eligibility (RE) code of "3."
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 and the issues he submitted, the analyst recommends 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 North Carolina Army National Guard and a Reserve of the Army. 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 and the analyst presumed Government Regularity in the discharge process. The analyst noted the applicant's contention, however, although a single incident, the analyst concluded that the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicable Army Regulation states that there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. 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: 29 August 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 1 No change 4 - Character
Change 0 No change 5 - 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 to deny relief.
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:
CHRISTINE U. MARTINSON DATE: 20 September 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20060010448
Applicant Name: Mr.
______________________________________________________________________
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