Application Receipt Date: 070402

Prior Review    Prior Review Date: None

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

Issues: See applicant's D Form 214 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: 060601
Discharge Received:     Date: 060811
Chapter: 8-26e (1)    AR: NGR 600-200
Reason: Conviction by Civil Court
RE:     SPD: NA
Unit/Location: Company C, 2nd Battalion, 124th Infantry, Orlando, FL 32809

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:  830829
Current ENL Date: 000928    Current ENL Term: 8 Years       
Current ENL Service: 03  Yrs, 06 Mos, 25 Days      
Total Service:  05  Yrs, 10 Mos, 14 Days      
Previous Discharges: ARNG-000928-060811/GD
                                          (Concurrent Service)
Highest Grade: E2
Performance Ratings Available: Yes    No
MOS: 11B10 Infantryman   GT: 115   EDU: HS Grad   Overseas:  SouthWest Asia
  Combat: Iraq/Jordan (030217-040131)
Decorations/Awards: ARCOM, NDSM (2), AFRM w/"M" Device, ASR, OSB (2), CIB,
ALB
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 facts and circumstances pertaining to the applicant’s discharge
from the State Of Florida 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 212 indicates the
applicant was discharged under the provisions of Paragraph 8-26e, NGR 600-
200, by reason of conviction by civil court with a characterization of
service of general,under honorable conditions, and a reenlistment
eligibility (RE) Code of  "3."  On 11 August 2006, Departments of the Army
and the Air Force, Florida National Guard, Office of the Adjutant General,
St. Francis Barracks, St. Augustine, Florida, Orders 223-038, discharged
the applicant from the Army National Guard and as a Reserve of the Army,
effective date:  11 August 2006, with a general, under honorable conditions
discharge.


      The analyst noted that the unit commander initiated action to separate
the applicant from the Florida Army National Guard under provisions of AR
135-178, Chapter 7, the aforementioned Chapter covers Defective Enlistments
and Reenlistments.

      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 issue 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 Florida
Army National Guard and 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
conviction by 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.  The analyst noted the applicant’s contentions; however, the
evidence was not sufficiently mitigating to warrant an upgrade of the
discharge under review.  Therefore, 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: 15 October 2007
Location: Washington, DC

Did the Applicant Testify?  Yes     No

Counsel: Mr. Larry Provost
                The American Legion
                1608 K Street N.W.
                Washington, DC 20006

Witnesses/Observers: Mr. & Mrs. Skelton (Parents)

Exhibits Submitted: The applicant submitted 2 additional pages of 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 3    No change 2   - 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, hearing his testimony, and considering
the analyst’s recommendation and rationale, the Board found that the
characterization of service was too harsh and as a result it is now
inequitable.  The Board determined that the overall length and quality of
the applicant's service, to include his combat service, circumstances
surrounding the 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.  However, the Board determined that the reason
for discharge was both proper and equitable and voted not to change it.
This action entails a restoration of grade to PV2/E2.















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: PV2/E2

XI.  Certification Signature and Date
Approval Authority:

MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board

Official:


CHRISTINE U. MARTINSON            DATE: 29 October 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder