Applicant Name:
Application Receipt Date: 2008/02/29 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 and attached document 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: 060420 Chapter: 8-27d NGR 600-200
Reason: Request for discharge in lieu of a court martial authorized to adjudge a punitive discharge RE: SPD: NIF Unit/Location: A/148 FSB, Dublin, GA
Time Lost: NIF
Article 15s (Charges/Dates/Punishment): NIF
Courts-Martial (Charges/Dates/Punishment): NIF
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 47
Current ENL Date: 030430 Current ENL Term: 03 Years ?????
Current ENL Service: 02 Yrs, 11 Mos, 20 Days ?????
Total Service: 08 Yrs, 05 Mos, 22 Days ?????
Previous Discharges: RA 761116-790227/UNK
NG 940317-970316/UNK
Highest Grade: E-4 Performance Ratings Available: Yes No
MOS: 88M/motor transport operator GT: 110 EDU: HS Overseas: None Combat: Desert Storm (910121-910426), Iraq (dates NIF)
Decorations/Awards: PH, SWASM-2BS, KLM-KU, GCMDL - 2, NDSM, ARCOM, OSR
V. Post-Discharge Activity
City, State: Colquitt, GA
Post Service Accomplishments: None provided
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence shows the applicants record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army National Guard of the State of Georgia. The evidence indicates that on 3 October 2006, State of Georgia, The Adjutant General, Ellenwood, Georgia, Orders 276-001 discharged the applicant from the Army National Guard and as a Reserve of the Army, effective date 20 April 2006, with a General discharge. The record does contain a properly constituted NGB Form 22 (Report of Separation and Record of Service). It indicates that the applicant was discharged under the provisions of Paragraph 8-27d, NGR 600-200, by request for discharge in lieu of a court-martial authorized to adjudge a punitive discharge, with a characterization of service of General -under honorable conditions, and a reenlistment eligibility (RE) code of "4."
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 8-27d, NGR 600-200, by request for discharge in lieu of a court-martial authorized to adjudge a punitive discharge.
c. Response to Issues, Recommendation and Rationale:
The applicants record is void of the specific facts and circumstances concerning the events that led to his discharge from the State of Georgia Army National Guard and a Reserve of the Army. However, the record does contain a properly constituted NGB Form 22 (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. The evidence of record shows the applicant was discharged under the provisions of Chapter 8, paragraph 8-27, NGR 600-200, by request for discharge in lieu of a court-martial authorized to adjudge a punitive 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. The analyst noted the applicants contentions; however, the evidence was not sufficiently mitigating to warrant an upgrade of the discharge under review. Furthermore, the anlyst determined that the applicant's Official Military Personnel File (OMPF) does not contain all the specific documents that would indicate the reason for the separation action from the United States Army. If the applicant desires to appear before a personal appearance Board, the burden of proof remains with the former Soldier to provide the appropriate documents or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration. 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: 12 December 2008 Location: Washington, DC
Did the Applicant Testify? Yes No
Counsel: None
Witnesses/Observers: None
Exhibits Submitted: None
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 2 No change 3
Reason - Change 0 No change 5
(Board member names available upon request)
EDGAR J. YANGER
Colonel, U.S. Army
X. Board Action Directed President, Army Discharge Review Board
Issue a new DD Form 214
Change Characterization to:
Change Reason to: No Change
Other: No Change
RE Code:
Grade Restoration: No Yes Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20080003412
______________________________________________________________________________
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