Application Receipt Date: 080418	

Prior Review    Prior Review Date: None

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

Issues: See enclosed DD Form 293 submitted by the applicant.

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: 080204   
Chapter: 8-35j    NGR: 600-200
Reason: Unsatisfactory Participation
RE:     SPD: NA
Unit/Location: Co C, 1/149th In Bn (Mech) Rear, Ravenna, KY 

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:  770604  
Current ENL Date: 040908    Current ENL Term: 08 Years  ?????
Current ENL Service: 03 Yrs, 04Mos, 27Days ?????
Total Service:  03 Yrs, 04Mos, 27Days ?????
Previous Discharges: ADT-041025-050225/HD
                                      OAD-050325-060704/HD
                                      (Current Service)
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 11B10/Infantryman   GT: NIF   EDU: GED   Overseas: Southwest Asia   Combat: Kuwait/Iraq (050628-060612)
Decorations/Awards: ARCOM, AGCM, NDSM, ASR, ICM, GWOTSM, OSR, CIB, AFRM (w/M Device) 
V.  Post-Discharge Activity
Home of Record: 
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The specific facts and circumstances leading to the applicant's discharge from the State of Kentucky 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 8-35j, NGR 600-200, by reason of unsatisfactory participation 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 2 February 2008, Department of Military Affairs, Boone National Guard Center, Frankfort, Kentucky, Orders 033-823, discharged the applicant from the Army National Guard and as a Reserve of the Army, effective 4 February 2008, with a under other than honorable conditions discharge.

      b.  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.  Chapter 8 of NGR 600-200 covers, in pertinent part, discharge and separation of enlisted personnel for misconduct due to unsatisfactory participation.  Army Regulation 135-91 states that a member is an unsatisfactory participant when nine or more unexcused absences from scheduled drills occur during a 1 year period.  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 applicant’s available military records during the period of enlistment under review and the issue he submitted, the analyst recommends that the applicant’s characterization of service be upgraded to general, under honorable conditions.  The analyst noted that the applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the State of Kentucky Army National Guard and as a Reserve of the Army.  However, the evidence in this case supports a conclusion that the applicant’s characterization of service was too harsh, and as a result it is inequitable.  The analyst found that the length and quality of the applicant's service to include his combat service, mitigated the discrediting entry in his service record.  However, the analyst determined that the reason for discharge was both proper and equitable.

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 27 June 2008              
Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA




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 3    No change 2   - Character
		 			      Change 0    No change 5   - Reason
					      (Board member names available upon request)

IX.  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 characterization of service was too harsh and as a result, it is inequitable.  Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to general, under honorable conditions.  The Board determined that the reason for discharge was both proper and equitable and voted not to change it.


















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: NA
Other: Thru:  Chief, National Guard Bureau                                      Date: 27 June 2008
To:  Adjutant General, State of Kentucky

            The Army Discharge Review Board, established under the provisions of Section 30, Public Law 346, 78th Congress, 22 June 1944 and codified as Title 10, United States Code, Section 1553, in the case of the applicant named in Part I recommends that the applicant be considered for a change of his discharge by the Adjutant General, State of Kentucky, with issuance of a new NGB Form 22a, as follows:
                  
           ( X )	Change characterization of service to General, Under Honorable Conditions.
           ( X )   This action entails a restoration of grade to SPC/E-4
           ( X )   Other (see remarks below). 
Remarks:  This action entails a change to the applicant’s discharge from the Reserve of the Army to reflect a characterization of service of general, under honorable conditions.  ARBA Support Division-St. Louis, is directed to insure that the applicant’s discharge from the Reserve of the Army reflects the aforementioned change.
RE Code:  
Grade Restoration:   No   Yes  Grade: SPC/E-4

XI.  Certification Signature and Date
Approval Authority: 

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

Official: 


CHRISTINE U. MARTINSON			DATE: 1 July 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080005991

Applicant Name:          
______________________________________________________________________


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