Application Receipt Date: 070131	

Prior Review    Prior Review Date: None

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

Issues: See DD Form 293 with attachments

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: 961119   
Chapter: 8-27x    AR: NGR 600-200
Reason: Interstate Transfer Who Failed to Report
RE:     SPD: N/A
Unit/Location: HQ & HQ Company, (Detachment-1). 1st Battalion, 116th Infantry, VAARNG, Roanoke, VA  24016-4917 

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:  730323  
Current ENL Date: 940922    Current ENL Term: 8 Years  ?????
Current ENL Service: 2 Yrs, 1 Mos, 28 Days ?????
Total Service:  4 Yrs, 4 Mos, 3 Days ?????
Previous Discharges: USAR-920717-921006/NA
                                      ADT-921007-930316/Unchar
                                      USAR-930317-940921/NA
                                        (Concurrent Service)
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 91B10 Medical Specialist   GT: NIF   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, AR-COMP-ACHVMT-MDL, ASR
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: See DD Form 293 with attachments

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The complete facts and circumstances leading to the applicant’s discharge from the 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.  That NGB Form 22  indicates that the applicant was discharged under the provisions of Paragraph 8-27x, NGR 600-200, by reason of interstate transfer who failed to report, with a characterization of service of uncharacterized and a reenlistment eligibility code of (RE) "3."  Furthermore, the evidence of record shows that on 19 October 1994, DA, HQ, 97th US Army Reserve Command, Fort George G. Meade, Maryland, Orders 32-1-NG, discharged the applicant from the Army National Guard, effective date:  21 September 1994.  

      b.  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.  Chapter 8 of NGR 600-200 covers, in pertinent part, reasons for discharge and separation of enlisted personnel from the State Army Reserve National Guard.  Paragraph 8-27(x) of that regulation provides in pertinent part that individuals can be separated for failure to report after enlistment through the Reserve Components Transition Program.   
      
      
      
      
      
      
      

      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 found several mitigating factors that would merit an upgrade of the applicant's characterization of service to fully honorable.  The analyst determined that the characterization of service was too harsh, and as a result it is now inequitable.  The analyst found that the length of the applicant's service, the circumstances surrounding the discharge and the time that has elapsed since his discharge mitigated the discrediting entry in the service record.  However, the analyst determined that the reason for discharge was both proper and equitable.   
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 25 April 2007              
Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: N/A

Witnesses/Observers: N/A 

Exhibits Submitted: N/A




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 available record of service during the period of enlistment under review, 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, determined that the overall length and quality of the applicant's service, the circumstances surrounding the discharge, his post service accomplishments and the time that has elapsed since his discharge mitigated the discrediting entry in the 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. Ron Williams, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: Secretarial Authority under Chapter 5, AR 635-200. 

Other:    Thru: Chief, National Guard Bureau                       Date:  27 April 2007
               To:    Adjutant General, State of Virginia	

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 Virginia, with issuance of a new NGB Form 22, as follows:

           ( X )	Change the characterization of discharge to Honorable.
           ( X )	Other (see remarks below).   

Remarks:     The Board recommends that the Adjutant General, State of Virginia, consider changing the applicant’s characterization of service to Honorable and the narrative reason for separation to Secretarial Authority, and issue the applicant a new NGB Form 22.  This action entails a change to the reentry eligibility (RE) code to "1.'  

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

Case Number AR20070001441

Applicant Name:  Mr.        
______________________________________________________________________


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