Application Receipt Date: 0611200	

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: 000615   
Chapter: 8-26e (2a)    AR: NGR 600-200
Reason: Acts Or Patterns Of Misconduct
RE:     SPD: NA
Unit/Location: HHC 1/156th AR Shreveport, LA 71101-4241 

Time Lost: None

Article 15s (Charges/Dates/Punishment): NIF

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  681004  
Current ENL Date: 980625    Current ENL Term: 3 Years  ?????
Current ENL Service: 01  Yrs, 11 Mos, 21 Days ?????
Total Service:  09  Yrs, 11 Mos, 21 Days ?????
Previous Discharges: USAFR-860731-870210/NA
                                      USAF-870211-920810/HD
                                      USAFR-920811-940730/NA
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: None   GT: 118   EDU: BA Degree   Overseas: None   Combat: None
Decorations/Awards: NDSM, AFAM, AFGCM, AFLSR, AFOUA (1)
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: The applicant was accepted into the Louisiana State University Health Science Center School of Nursing for the fall 2007 semester. 

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 Louisiana Army National Guard 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.  This document indicates that the applicant was discharged under the provisions of Paragraph 8-26e, 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 (RE) code of  "3."  The evidence of record further shows that on 16 June 2000, Department Of The Army and the Air Force, Headquarters, Louisiana National Guard, Office of The Adjutant General, New Orleans, LA, 0rders 168-007, discharged the applicant from the Army National Guard and as a Reserve of the Army, effective:  15 June 2000, with an under other than honorable conditions discharge.
      
      The analyst noted that on the applicant's NGB Form 22, item 24; character of service reads "General."  However, on 16 June 2000, 0rders 168-007, amended the character of service to read "under other than honorable conditions."  

      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, the issues and documents 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 Louisiana Army National Guard and as a Reserve of  the Army.  However, the available records 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(e), NGR 600-200, by reason of acts or patterns of misconduct with a characterization of service of under other than honorable conditions.  The analyst noted the applicant’s contentions; however, having examined all the circumstances, the analyst determined that the applicant's single incident of misconduct did indeed adversely affect the quality of his service, bring discredit on the Army National Guard, and was prejudicial to good order and discipline.  This single incident of misconduct clearly diminished the quality of the applicant's service below that meriting a fully honorable or general discharge.  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.  Additionally, if the applicant desires to reenlist, he should contact the local recruiter to determine his eligibility to reenlist.  Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes.  If the applicant still believes there is an error or injustice in their discharge, they then may make application to the Army Board for Correction of Military Records, utilizing a DD Form l49, which can be obtained at a local military installation or from veteran assistance offices.  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: 2 July 2007              
Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: yes [redacted] 

Witnesses/Observers: No 

Exhibits Submitted: The applicant submitted five pages of additional documents in support of his personal appearance hearing.

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 5    No change 0   - Character
		 			      Change 5    No change 0   - 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 is now inequitable.  The Board does not condone the applicant's misconduct; however, found    that the overall length and quality of the applicant's service, the circumstances surrounding his discharge, and his post service accomplishments, mitigated the discrediting entry 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 a change to the narrative reason for separation to Secretarial Authority.  This action entails a change to the reentry eligibility (RE) code to "1."  

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: "Secretarial Authority" under provisions of Chapter 14, AR 135-178.
Other: Thru:  Chief, National Guard Bureau            Date: 2 July 2007
To:  Adjutant General, State of Louisiana

            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 Louisiana, 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."  
           ( X )	Other (see remarks below). 

Remarks:  This action entails a change to the applicant’s discharge from the Reserve of the Army to reflect a characterization of service of honorable.  ARBA Support Division-St. Louis, is directed to insure that the applicant’s discharge from the Reserve of the Army reflects the aforementioned change.

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

Case Number AR20060016203

Applicant Name:  Mr.       
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