Applicant Name:
Application Receipt Date: 2009/01/29 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 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: 040315 Chapter: 8-26e(2) AR: NGR 600-200
Reason: Acts or Patterns of Misconduct RE: SPD: NA Unit/Location: HHC 185th AVN GP (Rear) Jackson, MS
Time Lost: None
Article 15s (Charges/Dates/Punishment): NIF
Courts-Martial (Charges/Dates/Punishment): NIF
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 47
Current ENL Date: 020505 Current ENL Term: 6 Years ?????
Current ENL Service: 2 Yrs, 11Mos, 19Days ?????
Total Service: 14 Yrs, 11Mos, 09Days ?????
Previous Discharges: USAR (730808-790807)/HD
Highest Grade: E4 Performance Ratings Available: Yes No
MOS: 63B/Light Wheeled Mechanic GT: 89 EDU: HS Grad Overseas: None Combat: None
Decorations/Awards: AGCM, NDSM, ASR
V. Post-Discharge Activity
City, State:
Post Service Accomplishments: The applicant provided documentation showing that he graduated from a Chemical Dependency Treatment Program in 081205.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence shows the applicants record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army National Guard of the State Mississippi. The evidence indicates that on 12 March 2004, State of Mississippi, Military Department, The Adjutant General Office, Jackson, MS, Orders 072-153 discharged the applicant from the Army National Guard and as a Reserve of the Army, effective date 15 March 2004, with a general, under other than honorable conditions discharge. 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 8-26e(2), NGR 600-200, by reason of acts or patterns of misconduct, 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 135-78 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 8-26e(2) of that regulation provides in pertinent part that individuals can be separated for misconduct-abuse of illegal drugs.
c. Response to Issues, Recommendation and Rationale:
After a careful review of all the applicants available military records for the period of enlistment under review, the issue and documents he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The applicants record is void of the specific facts and circumstances concerning the events that led to his discharge from the State of Mississippi National Guard and 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 8-26, NGR 600-200, by reason of 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. Further, the analyst noted the Orders 072-153 indicates the type of discharge as general (under other than honorable conditions) under the provisions of Chapter 8, paragraph 8-26, NGR 600-200, which is inaccurate in accordance with NGB Form 22 which annotates an under than honorable conditions discharge. Furthermore, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of 3. The analyst noted the applicants contentions; however, the evidence was not sufficiently mitigating to warrant an upgrade of the discharge under review. 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: 30 October 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 applicants record of service during the period of enlistment under review and considering the analysts recommendation and rationale, the Board determined that the characterization of service was too harsh and as a result it is inequitable based on the applicants length and his post service completion of a drug rehabilitation program mitigated the discrediting entry in the service record. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general, under honorable conditions. However, the Board determined that the reason for discharge was proper and equitable and voted not to change it.
IX. Board Decision
XI. Certification Signature
Board Vote: Approval Authority:
Character - Change 3 No change 2
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 AR20090005198
______________________________________________________________________________
Page 3 of 3 pages
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