Applicant Name: ?????
Application Receipt Date: 07/11/16 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 and documents submitted by the applicant.
II. Were Proper Discharge and Separation Authority procedures followed?
Tender Offer: NA
See Attachments: Legal Medical Minority Opinion Exhibits
III. Discharge Under Review
Unit CDR Recommended Discharge: Date: NIF
Discharge Received: Date: 070430 Chapter: NIF AR: 635-200
Reason: Resignation In Lieu of Adverse Action RE: SPD: JKN Unit/Location: MOARNG ELE JFHQ (DET 1), Jefferson City, MO
Time Lost: None
Article 15s (Charges/Dates/Punishment): None
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 35
Current ENL Date: 031214 Current ENL Term: NIF Years ?????
Current ENL Service: 03 Yrs, 04Mos, 30Days ?????
Total Service: 05 Yrs, 11Mos, 11Days ?????
Previous Discharges: USAF-870506-890428/GD
OAD-011227-020915/HD
OAD-030210-031004/HD
Highest Grade: E5 Performance Ratings Available: Yes No
MOS: 31B Military Police GT: 121 EDU: HS Grad Overseas: Kuwait Combat: Kuwait (030411-030703), Qatar (030704-030810).
Decorations/Awards: BSM, PH, AAM, ARCAM, NDSM x2, GWOTEM, HSM, AFSM x2, JMUA, ARCOTR, CMB, EFMB.
V. Post-Discharge Activity
City, State: Flinton, PA
Post Service Accomplishments: Applicant currently serving in the PA ARNG with the 28th MP Co., Johnstown, PA since May 07.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The applicants record is void of the specific facts and circumstances concerning the events that led to his release from the Missouri Army National Guard. However, the record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicants signature. The DD Form 214 indicates that the applicant was released from the Missouri AGR program under the provisions of Orders, 284-168, dated 11 October 2006, with a characterization of service of general under honorable conditions. Furthermore, the DD Form 214 shows a Separation Code of JKN, and a narrative reason of Resignation ILO Adverse Action with a reentry eligibility (RE) code of "3."
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. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or absence without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed. Army policy states that an under other than honorable conditions discharge is normally considered appropriate, however, a general under honorable conditions or an honorable discharge may be granted.
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 issue and documents he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The applicants record is void of the specific facts and circumstances concerning the events that led to his discharge from the State of Missouri Army National Guard. However, the record does contain a property constituted DD Form 214 (Report of Separation and Record of Service), which indicates that 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. 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 applicants 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 remains both proper and equitable and recommends to the Board to deny relief.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 3 October 2008 Location: Washington, DC
Did the Applicant Testify? Yes No
Counsel: NA
Witnesses/Observers: NA
Exhibits Submitted: NA
VIII. 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 and voted to deny relief.
IX. Board Decision
XI. Certification Signature
Board Vote: Approval Authority:
Character - Change 1 No change 4
Reason - Change 0 No change 5
(Board member names available upon request)
EDGAR J. YANGER
Colonel, U.S. Army
President, Army Discharge Review Board
Issue a new DD Form 214
Change Characterization to:
Change Reason to: NA
Other: NA
RE Code:
Grade Restoration: No Yes Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20070016582
______________________________________________________________________________
Page 1 of 3 pages
ARMY | DRB | CY2006 | AR20060011659
This document indicates that the applicant was discharged from the Army National Guard of the state of New Jersey and as a Reserve of the Army under the provisions of Paragraph 8-27q, NGR 600-200, by reason of acts or patterns of misconduct, with a charactaerization of service of under other than honorable conditions, with a RE code of "3". The evidence of record shows on the applicant's DD Form 214 that he was discharged under the provisions of Chapter 8, Paragraph 8-26q, NGR 600-200, by...
ARMY | DRB | CY2007 | AR20070018541
An enlisted member separated for misconduct which includes unsatisfactory participation will normally be furnished a characterization of service of under other than honorable conditions in accordance with Army Regulation 135-178. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicants available records for the period of enlistment under review, and the issue he submitted, the analyst found no mitigating factors that would merit an upgrade of the...
ARMY | DRB | CY2007 | AR20070014570
Applicant Name: ????? That NGB Form 22 indicates the applicant was discharged under the provisions of Paragraph 8-26g (2), NGR 600-200, by reason of erroneous enlistment or extension, with service uncharacterized, and a reenlistment eligibility (RE) Code of "3." Further, the Soldier may be separated with service uncharacterized while in an enry-level status.
ARMY | DRB | CY2006 | AR20060007422
Soldiers Overall Record DOB: 710601 Current ENL Date: 990720 Current ENL Term: 3 Years ext 3 years 8 months (000301) Current ENL Service: 05 Yrs, 02 Mos, 11 Days ????? Therefore, the reason for discharge and the characterization of service were both proper and equitable. Certification Signature and Date Approval Authority: ROBERT L. HOUSE Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 070112 Lieutenant Colonel, U.S. Army Chief, Secretary...
ARMY | DRB | CY2008 | AR20080008805
The record of evidence indicates the Applicant was discharged from the US Army Reserve with an honorable discharge on 020820, Orders D-08-233703, period of service NIF. The record also contains a California Army National Guard Form 600-2R (draft), Request for Discharge of Enlisted Members, dated 3 October 1999, indicating the Applicant was AWOL having missed 9 drills, and recommending the Applicant be discharged with an under other than honorable conditions discharge. The record contains a...
ARMY | DRB | CY2006 | AR20060017231
Current ENL Service: 01 Yrs, 05 Mos, 23 Days ????? The evidence of record shows the applicant was discharged under the provisions of Chapter 8, paragraph 8-27f, NGR 600-200, by reason of misconduct-unsatisfactory participant, with a characterization of service of under other than honorable conditions, and a reenlistment eligibility (RE) code of "4." Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: MARY...
ARMY | DRB | CY2007 | AR20070013834
It indicates that the applicant was discharged under the provisions of Paragraph 8-26g, NGR 600-200, by reason of unsatisfactory participation, with a characterization of service of general, under honorable conditions, and a reenlistment eligibility (RE) code of "3." It indicates that the applicant was discharged under the provisions of Paragraph 8-26g, NGR 600-200, by reason of unsatisfactory participation, with a characterization of service of general, under honorable conditions, and a...
ARMY | DRB | CY2007 | AR20070012011
It indicates that the applicant was discharged under the provisions of Paragraph 8-27f, NGR 600-200, by reason of unsatisfactory participation with a characterization of service of general, under honorable conditions and a reenlistment eligibility (RE) Code of " 3." Legal Basis for Separation: National Guard Regulation (NGR) 600-200 and Army Regulation 135-178 govern procedures covering enlisted personnel of the Army National Guard. An enlisted member separated for misconduct which...
ARMY | DRB | CY2009 | AR20090000708
I have dedicated the last 24 years on my life the the US Military. I requested, through my counsel at the time, a board by First Army, but was denied. Discharge Under Review Unit CDR Recommended Discharge: Date: NIF Discharge Received: Date: 080121 Chapter: 8-35i(1) & Chapter 12 AR: NGR 600-200 & AR 135-178 Reason: Acts or Pattern of Misconduct RE: SPD: NA Unit/Location: 1049th Transportation Co, Seaford, DE Time Lost: None Article 15s (Charges/Dates/Punishment): None Courts-Martial...
ARMY | DRB | CY2008 | AR20080010590
Applicant Name: ????? Applicant Request: Upgrade Reason Change RE Code Change Issues: The Applicant states in effect: "I was in Pa. Department of Corrections at the time of my Discharge and at no time to my knowledge did I do anything fraudulently at the time of my entry into the armed services, nor has anyone made me aware of what I could have done that was fraudulent. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change...