Applicant Name:  ?????

Application Receipt Date: 2008/04/03	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 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: 	NA   Date: NIF
Discharge Received: 			   Date: 070320   Chapter: 8-26e(2)    AR: NGR 600-200
Reason: Acts or Pattern of Misconduct	   RE:     SPD: NA   Unit/Location: HHC (-), 1-155th IN Bn (Mech), McComb, MS 

Time Lost: NIF

Article 15s (Charges/Dates/Punishment): NIF

Courts-Martial (Charges/Dates/Punishment): NIF

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  31
Current ENL Date: 020920    Current ENL Term: 1 Years  1 year extension (030709) 
Current ENL Service: 	01 Yrs, 09Mos, 09Days ?????
Total Service:  		11 Yrs, 03Mos, 29Days ?????
Previous Discharges: 	USAR-900530-900731/NA
                                       RA-900801-930721/GD
                                       ARNG-930930-940227/HD
                                       USAR-940228-010102/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 31U10 Signal Support System Spec/91W10 Combat Med Spec   GT: 110   EDU: HS Grad   Overseas: Germany (Prior Service)   Combat: Southwest Asia (Dates NIF, prior service)
Decorations/Awards: AAM, NDSM, SWASM-2BSS, ASR, OSR, KLM (All prior service except AAM)

V.  Post-Discharge Activity
City, State:  Magnolia, MS
Post Service Accomplishments: The applicant successfully completed an Addictive Disorders Treatment Program at the VA Medical Center in Jackson, MS on 14 July 2006, and enlisted in the Army National Guard State of Mississippi for one year on 27 February 2007.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The specific facts and circumstances pertaining to the applicant’s discharge from the Army National Guard   State of Mississippi 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.  It 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 general, under honorable conditions, and a reenlistment eligibility (RE) code of "3."  On 28 June 2004, State of Mississippi, Military Department, The Adjutant General's Office, Jackson, MS, Orders 180-116, discharged the applicant from the Army National Guard and as a Reserve of the Army, effective date:  28 June 2004, with a general, under other than honorable conditions discharge.  On 20 March 2007, a NGB Form 22A (Correction To NGB Form 22), was issued  correcting the applicant's characterization of service to "under other than honorable conditions" and the reenlistment eligibility (RE) code to  "4."  The applicant was to be reduced to the lowest enlisted rank.

       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 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 applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army National Guard State of Mississippi and as a Reserve of the Army.  However, the record does contain a properly constituted NGB Form 22A (Correction To NGB Form 22), dated 20 March 2007. 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 misconduct—acts 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 fully honorable discharge.  
       
       The analyst noted that the applicant was initially discharged under the provision of Chapter 8, paragraph 8-26e(2), NGR600-200, by reason of misconduct-acts or patterns of misconduct, with a characterization of service of general, under honorable conditions,  The NGB Form 22 shows a characterization of service of general, under honorable conditions with a reentry eligibility (RE) code of "3."  On 28 June 2004, State of Mississippi, Military Department, The Adjutant General's Office, Jackson, MS, Orders 180-116, discharged the applicant from the Army National Guard and as a Reserve of the Army, effective date: 28 June 2004, with a general, under other than honorable conditions discharge.  Further, on 28 June 2004, State of Mississippi, Military Department, The Adjutant General's Office, Jackson, MS, Orders 180-115, reduced the applicant from SPC/E4 to PVT/E1, which the analyst presumed that the intended characterization of service was under other than honorable conditions.  Furthermore, the analyst 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.  Finally, on 20 March 2007, an NGB Form 22A (Correction to NGB Form 22), was issued and changed the characterization of service from "general, under other than honorable conditions" to "under other than honorable conditions' with a reentry eligibility (RE) code of "4."  However, a new discharge order was not issued changing the characterization of service from "general, under other than honorable conditions" "to under other than honorable conditions."  The evidence of record shows that someone in the separation process erroneously entered on the discharge orders, the characterization of service as "general, under other than honorable conditions."  It is the Board's policy not to change the characterization of service to a lesser degree than received even though substantiated in the applicant's record.  The Board will not downgrade a characterization of service.  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: 4 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 applicant’s record of service during the period of enlistment under review and considering the analyst’s 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 0    No change 5
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: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080005118
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