Application Receipt Date: 060814	

Prior Review    Prior Review Date: None

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

Issues: See enclosed DD Form 293 submitted by the Applicant.

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: 960131   
Chapter: 8-26q    NGR: 600-200
Reason: Loss of Member (Membership) in the Army National Guard (Acts or Patterns of Misconduct)
RE:     SPD: JKN
Unit/Location: B Company, 250th Support Battalion, New Jersey Army National Guard, Bordentown, NJ 

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:  601009  
Current ENL Date: 890719    Current ENL Term: 03 Years  The applicant extended his period of enlistment 4 years, 9 months, and 2 days on (890915) and 6 years on (920604).
Current ENL Service: 06 Yrs, 06Mos, 12Days      
Total Service:  09 Yrs, 03Mos, 16Days      
Previous Discharges: ARNG-861015-890718/NA
Highest Grade: E5
Performance Ratings Available: Yes    No 
MOS: 92A10/Automated Logistical Specialist   GT: 83   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: ASR, NDSM, NCOPDR
V.  Post-Discharge Activity
Home of Record: Trenton, NJ
Current Address: 333 S. Logan Ave 
Trenton NJ 08629 
United States
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

a.  Facts and Circumstances:
The facts and circumstances pertaining to the applicant’s discharge from the State of New Jersey 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 DD Form 214 (Certificate of Release or Discharge from Active Duty), which the applicant was unavailable for signature.  This document indicates that the applicant was discharged under the provisions of Paragraph 8-26q, NGR 600-200, by reason of loss of member (membership) in the Army National Guard with a characterization of service of under other than honorable conditions, with a reenlistment eligibility (RE) code of "3", and a Separation Code of JKN (i.e., loss of member (membership) in the Army National Guard).  The evidence of record further shows that on 30 January 1996, the State of New Jersey, Department of Military and Veterans Affairs, Trenton, New Jersey, 0rders 030-0037, discharged the applicant from the Army National Guard and as a Reserve of the Army, effective date: 31 January 1996, with an under other than honorable conditions discharge.

The applicant's records also contains a NGB Form 22 (Report of Separation and Record of Service).  This document indicates that the applicant was discharged from the Army National Guard of the state of New Jersey and as a Reserve of the Army under the provisions of Paragraph 8-27q, NGR 600-200, by reason of acts or patterns of misconduct, with a charactaerization of service of under other than honorable conditions, with a 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 applicant’s available military records for the period of enlistment under review and the issue 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 New Jersey Army National Guard and as a Reserve of the Army.  However, the available records does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), 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 on the applicant's DD Form 214 that he was discharged under the provisions of Chapter 8, Paragraph 8-26q, NGR 600-200, by reason of loss of member (membership) in the Army National Guard, with a characterization of service of under other than honorable conditions and a separation code of "JKN."  Furthermore the available record also contains a properly constituted NGB Form 22 (Report of Separation and Record of Service), which the applicant was unavailable for signature.  This document indicates that the applicant was discharged under the provisions of Paragraph 8-27q, NGR 600-200, by reason of acts or patterns of misconduct with a characterization of service of under other than honorable conditions and a reenlistment eligibility (RE) code of "3."  
The analyst noted that while both documents show that the applicant was separated under the provisions of Chapter 8, NGR 600-200, further review  of AR135-178 (Enlisted Administrative Separation) for members of the Army  Reserve, Chapter 12 of that regulation governs procedures for the administrative separation of enlisted personnel from the Army Reserve.  Chapter 12d, indicates that a Soldier may be discharge for misconduct by reason of one or more of the following circumstances: minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, or abuse of illegal drugs.  Additionally the analyst noted the applicant's issue that he admitted to testing positive for smoking marijuana, he was to go to a rehabilitation center which he did, and that he was setup by his commander, 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.  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.  In view of the foregoing, the analyst determined that 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: 12 December 2007              
Location: Washingon, 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 0    No change 5   - Character
		 			      Change 0    No change 5   - 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 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: 13 December 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder