Application Receipt Date: 070425

Prior Review    Prior Review Date: None

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

Issues: See applicant's attached DD Form 293 and letter of recommendation.

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: 960130
Chapter: 8-26q    NGR: 600-200
Reason: Patterns of Misconduct
RE:     SPD: NA
Unit/Location: B Company, 1st Battalion, 114th Infantry, NJARNG, Freehold,
NJ 07728-2351

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:  640706
Current ENL Date: 890728    Current ENL Term: 01 Years  The applicant
extended his period of enlistment 6 year on (900609), giving him a new ETS
of (960727).
Current ENL Service: 06 Yrs, 06Mos, 03Days      
Total Service:  12 Yrs, 06Mos, 08Days      
Previous Discharges: ARNG-830309-830703/NA
                                      ADT-830704-831104/HD
                                      ARNG-831105-851009/GD
                                      USARCG-851010-860313/NA
                                      ARNG-860314-870115/GD
                                      USARCG-870116-890313/NA
Highest Grade: E4
Performance Ratings Available: Yes    No
MOS: 92G10 (Food Service Specialist)   GT: 114   EDU: NIF   Overseas: None
 Combat: None
Decorations/Awards: ASR, NDSM, ACAM, NJGCR, NJDSSR
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 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 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 8-26q, NGR 600-200, by reason of acts or patterns of
misconduct with a characterization of service of general, under honorable
conditions, with a reenlistment eligibility (RE) code of "3".  The evidence
of record further shows that on 30 January 1996, State of New Jersey,
Department of Military and Veterans Affairs, Trenton, New Jersey, 0rders
030-038, discharged the applicant from the Army National Guard and as a
Reserve of the Army, effective date: 30 January 1996, with a general, under
honorable conditions discharge.

      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 New
Jersey Army National Guard and as 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 8-26q, 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."  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.
Furthermore, 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.  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: 5 November 2007
Location: Washington, DC

Did the Applicant Testify?  Yes     No

Counsel:      

Witnesses/Observers:      

Exhibits Submitted:      



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
     

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:      
Other:      
RE Code:
Grade Restoration:   No   Yes  Grade:      

XI.  Certification Signature and Date
Approval Authority:

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

Official:


CHRISTINE U. MARTINSON            DATE: 9 November 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder