Applicant Name: ?????
Application Receipt Date: 2009/01/01 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: 061026 Chapter: 8-26e(2) AR: 635-200
Reason: Acts or Patterns of Misconduct RE: SPD: NA Unit/Location: C Co, 875 Engr Bn, AR ARNG, Paragould, AR
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: 18
Current ENL Date: 020930 Current ENL Term: 6 Years ?????
Current ENL Service: 04 Yrs, 00Mos, 27Days ?????
Total Service: 04 Yrs, 00Mos, 27Days ?????
Previous Discharges: RA 030305-030620/HD (Concurrent Service)
Highest Grade: E-4 Performance Ratings Available: Yes No
MOS: 12B10/Combat Engineer GT: 86 EDU: HS GRAD Overseas: None Combat: None
Decorations/Awards: ASR, NDSM
V. Post-Discharge Activity
City, State: ?????
Post Service Accomplishments: None listed by the applicant.
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 and the United States Army Reserve. The record indicates that on 26 October 2006, Hqs, Military Department of Arkansas, Office of the Adjutant General, Camp Joseph T. Robinson, North Little Rock, Arkansas, Orders 299-893, discharged the Applicant from the Army National Guard and as a Reserve of the Army, effective 26 October 2006 (VOAG), with a general, under 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 general, under honorable conditions and a reenlistment eligibility (RE) code of "3".
b. Legal Basis for Separation:
National Guard Regulation (NGR) 600-200 governs 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 of that regulation provides in pertinent part that individuals can be separated for misconduct.
c. Response to Issues, Recommendation and Rationale:
After a careful review of the Applicants available 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 Applicants record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army National Guard and as a Reserve of the Army. However, the Applicants record contains a properly constituted NGB Form 22 (Report of Separation and Record of Service) which identifies the reason and characterization of the discharge and the analyst presumed Government regularity in the discharge process. The Applicants NGB Form 22 shows 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 general, under honorable conditions and a reenlistment eligibility (RE) code of "3". Furthermore, the analyst noted the applicant's issue; however, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities. Further, the analyst noted that even though a single incident, apparently 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. Additionally, 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. In view of the foregoing, the analyst recommends 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: 16 October 2009 Location: Washington, D.C.
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 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 AR20090010136
______________________________________________________________________________
Page 1 of 3 pages
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