Applicant Name:  ?????

Application Receipt Date: 2008/04/29	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The Applicant states that he was unjustly coherced into signing away his rights and agreeing to accept a discharge under threats of court martial.  He requests an upgrade of his discharge to honorable.

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: Not In File (NIF)
Discharge Received: 			   Date: 060721   Chapter: 8-27z    AR: NGR 600-200
Reason: Less than Honorable Discharge from the Regular Army	   RE:     SPD: NA   Unit/Location: Co B, 181st Eng Bn, North Hampton, MA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): None

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 010608    Current ENL Term: 6 Years  ?????
Current ENL Service: 	05 Yrs, 01Mos, 14Days ?????
Total Service:  		05 Yrs, 01Mos, 14Days ?????
Previous Discharges: 	OAD 010919-020409/NIF (Concurrent Service)
                                       OAD 030619-040430/NIF (Concurrent Service)
                                       OAD 050805-060721/UOTHC (Concurrent Service) 
Highest Grade: E-4/CPL		Performance Ratings Available: Yes    No 
MOS: 91W10/Health Care Spc   GT: NIF   EDU: HS Grad   Overseas: Bosnia, Iraq   Combat: Iraq (Dates NIF)
Decorations/Awards: NDSM, GWOTEM, GWOTSM, ARCAM, AFRM, ASR, MA-DEF-EXP MDL 

V.  Post-Discharge Activity
City, State:  Gardner, MA
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence shows the applicant’s record does not contain all of the specific facts and circumstances concerning the events that led to his discharge from the Army National Guard of the State Massachusetts.  The evidence indicates that on 24 July 2006, Joint Force HQ, Massachusetts National Guard, Office of the Adjutant General, Milford, MA, Orders 205-13, discharged the applicant from the Army National Guard and as a Reserve of the Army, effective date 21 July 2006, with an under other than other conditions discharge.  The reason specified in block 23 of the NGB 22 indicates that it was as a result of receiving an under other than honorable conditions discharge from the Regular Army.  The record contains a memorandum from DA HQ, Multinational Corps-Iraq, dated 25 June 2006, that indicates that the chapter 10 request submitted by the applicant was approved by the separation authority in lieu of trial by court martial with an other than honorable conditions discharge.  The charges against him were dismissed without prejudice and the applicant was to be reduced to the lowest grade.  The charge sheet or other pertinent information concerning the events that led to the charges are not in the record.  The applicant was reduced to the grade of E-1 on 25 June 2006.  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 8-26z, NGR 600-200, by reason of having been separated from the Regular Army, with a characterization of service of under other than other conditions, and a reenlistment 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.  Paragraph 8-26z of that regulation provides in pertinent part that individuals can be separated for having received a less than honorable conditions discharge from the Regular Army. 

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s available military 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 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 Regular Army, from the State of Massachusetts Army National Guard 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 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 8-26z, NGR 600-200, by reason of having been discharged from the Regular Army with a characterization of service of under other than honorable conditions.  The record contains a memorandum from DA HQ, Multinational Corps-Iraq, dated 25 June 2006, that indicates that the Chapter 10 request submitted by the applicant was approved by the separation authority in lieu of trial by court martial with an other than honorable conditions discharge.  The charges against him were dismissed without prejudice and the applicant was to be reduced to the lowest grade.  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 record does not support the applicant’s contention, and no evidence to support it has been submitted by the applicant, that the discharge was the result of any arbitrary or capricious actions by the command.  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: 7 April 2009         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: Three documents, Character Reference Letter, Certificate of Appreciation, and Sikorksy Aircraft Rescue Award.

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review, hearing his testimony and considering the analyst’s recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted to deny relief.   Furthermore, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.”  If reenlistment is desired, the applicant should contact the local recruiter to determine eligibility to reenlist.  Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes.
        
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: NA
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080006555
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