Applicant Name:  ?????

Application Receipt Date: 2008/05/08	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: 	NIF  Date: NIF
Discharge Received: 			   Date: 061031   Chapter: 8-26e(1)      AR: NGR 600-200
Reason: Conviction by Civil Court	   RE:     SPD: NA   Unit/Location: B Trp, 1-151 CAV Sqdn, Magnolia, AR  

Time Lost: None

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:  18
Current ENL Date: 950802    Current ENL Term: 8 Years  extended for 6 years on (001130) 
Current ENL Service: 	11 Yrs, 02Mos, 29Days ?????
Total Service:  		11 Yrs, 02Mos, 29Days ?????
Previous Discharges: 	IADT-960523-960805/NA
                                       ARNG-960806-970610/NA
                                       ADT-970611-970731/NA
                                       ARNG-970801-001130/NA
                                       AD-001201-010202/HD
                                       AD-010203-010803/NA
                                       ARNG-010804-031011/NA
                                       AD-031012-050425/HD
                                         (Concurrent Service)
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 19D10 Cavalry Scout   GT: NIF   EDU: 13 Years   Overseas: Southwest Asia   Combat: Iraq (040316-050312)
Decorations/Awards: ARCOM, ARCAM-3, NDSM, GWOTEM, GWOTSM, AFRM-W/"M" DEV, CIB, ARKFSR, ARKESR-2, ARKSR-2

V.  Post-Discharge Activity
City, State:  El Dorado, AR
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 applicant’s discharge from the Army National Guard State of Arkansas 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(1), NGR 600-200, by reason of conviction by civil court, with a characterization of service of general, under honorable conditions, and a reenlistment eligibility (RE) code of "3."  The evidence of record shows that on 13 December 2006, Military Department of Arkansas, Office of the Adjutant General, Camp Joseph T. Robinson, North Little Rock, AR, Orders 347-810, discharged the applicant from the Army National Guard and as a Reserve of the Army, effective date:  13 October 2006, with a general, under 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 applicant’s available military records for the period of enlistment under review and the issues 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 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(1), NGR 600-200, by reason of conviction by civil court, with a characterization of service of general, under 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.  Furthermore, the analyst noted the applicant's issue; however, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.”  If the applicant desires to reenlist, he should contact the local recruiter to determine his eligibility to reenlist.  Those individuals can best advise a former service member as to the needs of the Army at the time,   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: 27 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: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080007515
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