Applicant Name:  ?????

Application Receipt Date: 2009/02/12	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: 	   Date: NIF
Discharge Received: 			   Date: 960301 Chapter: Para 8-26q       AR: NGR 600-200
Reason: Misconduct	   RE:     SPD: None   Unit/Location: HHB, 5th BN, 113th FA, Louisburg, North Carolina 

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:  46
Current ENL Date: 940514    Current ENL Term: 06 Years  00 weeks
Current ENL Service: 	1 Yrs, 09Mos, 17Days ?????
Total Service:  		16 Yrs, 07Mos, 08Days ?????
Previous Discharges: 	USN   670721-680618/HD
                                       USAR 680619-720525/HD
                                       AGR   840715-850630/HD
                                       ARNG 840531-850530/HD
                                       ARNG 850531-880530/HD
                                       ARNG 880531-940530/HD

  
Highest Grade: E8		Performance Ratings Available: Yes    No 
MOS: 13Z5H/FA Intelligence Sergeant   GT: 143   EDU: College Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM(2), ASR, ACAM(2), AAM(2), AFRM, HSM, PRCHT BADGE, GCM

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: The applicant provided Affidavits from friends and colleagues attesting to character, a partial graduate transcript from the university where the applicant claims to have completed a master's degree, and (unsigned) teaching award recommendation letters and communications from students.  The applicant further indicated an earned Master's Degree in 1997 and began teaching part-time at a university until he secured a full-time teaching position at a community college in 2000.  The applicant also noted due to failing health he entered retirement status with the state in 2007. 
 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
            The evidence shows the applicant’s record is void of the complete facts and circumstances concerning the events that led to his discharge from the Army National Guard of the State of North Carolina.  However, the record does contain the administrative separation board proceedings that recommend the applicant for separation from the North Carolina Army National Guard.  The findings and recommendations of the board were approved by the approving authority on 23 February 1996, which directed the applicant's discharge from the North Carolina Army National Guard and the Reserve of the Army for misconduct, with a characterization of service general, under honorable conditions, with reenlisment eligibility (RE) code of "3".  Further, the record indicates that on 27 February 1996, the State of North Carolina, Department of Crime Control and Public Safety, Office of the Adjutant General, Raleigh, North Carolina discharged the applicant from the Army National Guard and as a Reserve of the Army, effective date 01 Mar 1996, with a general, under honorable conditions discharge.  Additionally, the record contains 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 8-26q, NGR 600-200, by reason of acts or patterns of misconduct, with a characterization of service of general, under honorable 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 8-26q 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 applicant’s 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 applicant’s record is void of the complete facts and circumstances concerning the events that led to his discharge from the State of North Carolina Army 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 8-26q, NGR 600-200, misconduct 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.  Furthermore, the analyst noted the applicant’s contentions; however, the evidence was not sufficiently mitigating to warrant an upgrade of the discharge under review. Further, the analyst acknowledges the applicant's successful transition to civilian life and the many accomplishments outlined with the application in the documents with the application.  However, in review of the applicant’s entire service record, the analyst found that these accomplishments did not overcome the reason for discharge and characterization of service granted.  Additionally, 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 National Guard.   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 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: 04 December 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 1    No change 4
Reason -     Change 0    No change 5
								         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 AR20090006333
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