Application Receipt Date: 061027
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: 971110
Chapter: 8-26 (p) AR: NGR 600-200
Reason: Conviction By Civil Court
RE: SPD: NA
Unit/Location: Company A (-), 106th Support Bn, Magee, MS 39111
Time Lost: None
Article 15s (Charges/Dates/Punishment): 970726-without authority, did leave his appointed duty at Camp Shelby x 2, (970716) and (9706250, (Company Grade).
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
DOB: 750908
Current ENL Date: 921208 Current ENL Term: 8 Years ?????
Current ENL Service: 04 Yrs, 11 Mos, 03 Days ?????
Total Service: 05 Yrs, 03 Mos, 11 Days ?????
Previous Discharges: ARNG-921208-971110/GD
ADT-930605-930806/NA
ADT-940606-040811/HD
(Concurrent Service)
Highest Grade: E4
Performance Ratings Available: Yes No
MOS: 55B10 Ammunition Spec GT: 108 EDU: HS Grad Overseas: None Combat: None
Decorations/Awards: NDSM, ASR, MWM
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 specific facts and circumstances leading to the applicants discharge from the State of Mississippi 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. His NGB Form 22 indicates that he was discharged under the provisions of paragraph 8-26(p), NGR 600-200, by reason of acts or patterns of misconduct/conviction by a civil court, with a characterization of service of general, under honorable conditions and a reenlistment eligibility (RE) code of "3." 0n 10 November 1997, Military Department, State Of Mississippi, The Adjutant's General's Office, Jackson, MS, Orders 196-129, discharged the applicant from the Army National Guard and as a Reserve of the Army, effective date: 10 November 1997.
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 8-26(p) 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 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 Mississippi 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(p), NGR 600-200, by reason of acts or patterns of misconduct/conviction by a civil court, 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 reason for discharge and characterization remains both proper and equitable.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 11 June 2007
Location: Atlanta, GA
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 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, 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: 25 June 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20060015178
Applicant Name: Mr.
______________________________________________________________________
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