Applicant Name: ?????
Application Receipt Date: 2008/03/27 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See DD From 293 and attached 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: 040115 Chapter: 8-26e(2) NGR: 600-200
Reason: Acts or Patterns of Misconduct RE: SPD: NA Unit/Location: 134th Med Co, Washington, IA
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: 17
Current ENL Date: 940817 Current ENL Term: 08 Years The applicant enlisted (940817) for a period of 8 year, on (000516) the applicant extended his period of enlistment 6 years, and another 2 years and 1 months (021019), giving him a new ETS of (080916).
Current ENL Service: 09 Yrs, 04Mos, 29Days ?????
Total Service: 09 Yrs, 04Mos, 29Days ?????
Previous Discharges: ARNG-940817-950619/NA
ADT-950620-951107/UNC
(Concurrent Service)
Highest Grade: E5 Performance Ratings Available: Yes No
MOS: 91B10/Medical Specialist GT: 110 EDU: HS Grad Overseas: None Combat: None
Decorations/Awards: ARCAM, NDSM, ASR, NCOPDR
V. Post-Discharge Activity
City, State: Midwest City, OK
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The specific facts and circumstances pertaining to the applicants discharge from the State of Iowa 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 8-26e(2), NGR 600-200, by reason of acts or patterns of misconduct, with a characterization of service of under other than honorable conditions, and a reenlistment eligibility (RE) code of "3." The evidence of record further shows that on 29 January 2004, Headquarters Iowa National Guard, Officer of the Adjutant General, Johnston, Iowa,, Orders 029-119, discharged the applicant from the Army National Guard and as a Reserve of the Army, effective date: 15 January 2004, with an under other than 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 applicants available military records during the period of enlistment under review, the issues 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 Army National Guard State of Iowa 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 8-26e(2), NGR 600-200, by reason of misconductacts or patterns of misconduct, with a characterization of service of under other than 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. By his misconduct the applicant diminished the quality of his service below that meriting a general, under honorable conditions discharge. Furthermore, the analyst noted the applicant's issues, however, did not find said issues sufficiently mitigating to warrant an upgrade of the discharge under review. In view of the foregoing, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 10 February 2009 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 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: NA
Other: NA
RE Code:
Grade Restoration: No Yes Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20080004726
______________________________________________________________________________
Page 1 of 3 pages
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