Applicant Name:  ?????

Application Receipt Date: 2008/07/17	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: 080627   Chapter: 8-35i(1)     AR: NGR 600-200
Reason: Acts or Patterns of Misconduct 	   RE:     SPD: NA   Unit/Location: Det 1, E Co,132nd BSB, Appleton, WI 

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:  36
Current ENL Date: 020724    Current ENL Term: 1 Years  with an approved waiver for hardship (020722), extended for 1 year (030501), extended for 3 years (040105).  Further, the applicant was discharged on (080627), however, the document that extended his ETS is not part of the available record. 
Current ENL Service: 	05 Yrs, 11Mos, 04Days ?????
Total Service:  		14 Yrs, 02Mos, 01Days ?????
Previous Discharges: 	USAR-850711-851104/NA
                                       RA-851105-890830/HD
                                       RA-890831-920930/HD
                                       USARCG-921001-930710/NA
                                              (Break In Service)
                                       ARNG-950811-960301/HD
                                       USARCG-960302-011113/HD
                                               (Break In Service)
Highest Grade: E-6		Performance Ratings Available: Yes    No 
MOS: 42A30 Personnel Service SGT/42C30 Finance Spec   GT: 114   EDU: 1 Year College   Overseas: Germany/Southwest Asia (Prior Service)   Combat: Saudi Arabia (910905-920402 Prior Service)
Decorations/Awards: ARCOM-2 (1 Prior Service) , AAM-2 (1 PS), AGCM-2 (PS), ARCAM, NDSM-2, SWASM-3 BSS (PS), GWOTSM, NCOPDR-2, ASR, OSR, OSB, KLM-SA, KLM-Kuwait, WWM  

V.  Post-Discharge Activity
City, State:  Waupaca, WI
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 State of Wisconsin 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 8-35i(1), NGR 600-200, by reason of acts or patterns of misconduct, with a characterization of service of general, under honorable conditions, with a reenlistment eligibility (RE) code of "3."  On 6 June 2008, Departments of the Army and Air Force, Joint Force Headquarters Wisconsin, Wisconsin Army National Guard, Madison, WI, Orders 158-511, discharged the applicant from the Army National Guard and as a Reserve of the Army, effective date:  27 June 2008, with a general, under honorable conditions discharge.  
       
       The applicant was Barred to Reenlistment or Extension dated in effect 27 June 2008.

       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 she submitted with the application, 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 her discharge from the Army National Guard State of Wisconsin 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 8-35i(1), NGR 600-200, by reason of acts or patterns of misconduct, with a characterization of service of general, under 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 her misconduct the applicant diminished the quality of her service below that meriting a fully honorable discharge.  Furthermore, the analyst noted the applicant's issue; even though a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army.  The applicable Army regulation states that there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization.  The analyst having examined all the available circumstances determined that the applicant's single incident of misconduct did indeed adversely affect the quality of service, brought discredit on the Army, and was prejudicial to good order and discipline.  This single incident of misconduct clearly diminished the quality of the applicant's service below that meriting a fully honorable discharge.  Further, the applicant's issue regarding her NCOER, does not fall within the purview of this Board.  The applicant may apply to the Army Board for Correction of Military Records (ABCMR), utilizing DD Form 149 regarding this matter.  An application for that Board is enclosed.  Additionally, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.”  If the applicant desires to reenlist, she should contact the local recruiter to determine her 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.  Finally, 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.  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: 29 April 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 AR20080011273
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