IN THE CASE OF:  	Mr.

      BOARD DATE:  	31 May 2013

      CASE NUMBER:  	AR20130000151
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicant's record of service during the period of enlistment under review, and considering the Discussion and Recommendation which follows, the Board determined the discharge was both proper and equitable and voted to deny relief.



      
      
      Presiding Officer
      
I certify that herein is recorded the true and complete record of the proceedings of the Department of the Army Discharge Review Board in this case.

THE APPLICANT’S REQUEST AND STATEMENT:

1.  The applicant requests his under other than honorable conditions discharge be upgraded to general, under honorable conditions.

2.  The applicant states, in effect, that he served a total of 26 years of military service and performed a lot of humanitarian work while serving in the Army National Guard and would like that to be taken into consideration for upgrading his discharge. 
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			17 December 2012
b. Discharge Received:			Under Other Than Honorable Conditions
c. Date of Discharge:				1 July 2002
d. Reason/Authority/SPD/RE Code:	  	Conviction by Civil Court, Chapter 8-26e(1), 								NGR 600-200, RE-3
e. Unit of assignment:				B Co, 724th EN Bn, Spooner WI
f. Current Enlistment Date/Term:		26 September 1980, NIF
g. Current Enlistment Service:		21 years, 9 months, 6 days
h. Total Service:				27 years, 8 months, 18 days
i. Time Lost:					None 
j. Previous Discharges:			USMCR-680618-680724/NA										USMC-680724-740531/HD										    (Break-in-Service)				
k. Highest Grade Achieved:			E-6
l. Military Occupational Specialty:		12B30, Combat Engineer; 62N30, Construction  							Equipment Supervisor
m. GT Score:					NIF
n. Education:					NIF
o. Overseas Service:				None
p. Combat Service:				None
q. Decorations/Awards:			ARCOM-5, AAM, MCGCM, NDSM-2, VSM-1, 								RVN-PUC-1, RVNCM, ASR, NCOPDR-2, 								AFRM
r. Administrative Separation Board: 		No
s. Performance Ratings:			None
t. Counseling Statements:			None
u. Prior Board Review:				No




SUMMARY OF SERVICE:		

The applicant enlisted in the United States Army National Guard 26 September 1980 after serving 5 years, 10 months, and 6 days in the United States Marine Corps.  He was 31 years old at the time of entry.  He earned five ARCOM's and an AAM.  He completed a total of        27 years, 8 months, and 18 days of military service.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence shows the applicant’s record is void of the specific facts and circumstances concerning the events which led to his discharge from the State of Wisconsin Army National Guard and as a Reserve of the Army.  

2.  The record shows that on 12 July 2002, Department of Military Affairs, Office of the Adjutant General, Madison, Wisconsin, Orders 193-510 discharged the applicant from the Army National Guard and as a Reserve of the Army, effective date 1 July 2002, with an under other than other conditions discharge.  

3.  The record contains a properly constituted NGB Form 22 (Report of Separation and Record of Service).  It indicates the applicant was discharged under the provisions of paragraph 8-26e, NGR 600-200, by reason of conviction by civil court, with a characterization of service of under other than other conditions, and a reenlistment eligibility (RE) code of 3.

4.  On 19 October 2012, The Adjutant General, Army National Guard of the State of Wisconsin, reviewed the applicant’s request for a change in his discharge and denied his request.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

There are no negative counseling's or actions under the Uniform Code of Military Justice in the available records.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant submitted Certifications from the National Guard and Marine Corps, discharge documents from the Marine Corps and the National Guard, and letters from the Army Review Boards Agency and Joint Force Headquarters Wisconsin.
 
POST-SERVICE ACTIVITY: 

None were provided with the application.





REGULATORY AUTHORITY:

1.  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.

2.  Army policy states that an under other than honorable conditions discharge is normally considered appropriate; however, a general, under honorable conditions or an honorable discharge may be granted.  

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for an upgrade of the characterization of his discharge was carefully considered.  However, after examining the applicant’s available record of service, his military records, the documents and the issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge.  

2.  The applicant’s record is void of the specific facts and circumstances concerning the events which led to his discharge from the State of Wisconsin Army National Guard and as Reserve of the Army.  However, the record does contain a properly constituted NGB Form 22, which indicates the applicant was unavailable for signature.  This document identifies the reason and characterization of the service.  The NGB Form 22 shows the applicant was discharged under the provisions of Chapter 8, paragraph 8-26e, NGR 600-200, by reason of conviction by civil court with a characterization of service of under other than honorable conditions.

3.  The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance.  

4.  The applicant's contentions that he served 26 years of military service to include humanitarian services were carefully considered.  However, a determination as to the merit of these contentions cannot be made because the facts and circumstances leading to the discharge are unknown.  The burden of proof remains with the applicant to provide the appropriate documents such as the discharge packet or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration.  If the applicant desires a personal appearance hearing, it will still be his responsibility to meet the burden of proof since the discharge packet is not available in the official record. 

5.  The applicant provided documentation from the ARNG, State of Wisconsin that indicates that on 19 October 2012 his request for a discharge upgrade was denied.

6.  Therefore, based on the available evidence and the presumption of government regularity, it appears the reason for discharge and the characterization of service are both proper and equitable, thus recommend the Board deny relief. 

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: Records Review 	  Date:  22 May 2013     Location: Washington, DC

Did the Applicant Testify?  NA 

Counsel: None

Witnesses/Observers: NA 

Board Vote:
Character Change:  1	No Change:  4
Reason Change:	0	No Change:  5
(Board member names available upon request)

Board Action Directed:
Issue a new DD Form 214:		No
Change Characterization to:	No Change
Change Reason to:			No Change
Change Authority for Separation:	NA
Change RE Code to:		NA
Grade Restoration to:		NA
Other:					NA















Legend:
AMHRR - Army Military Human Resource Record	FG - Field Grade	IADT – Initial Active Duty Training	 	RE - Reentry
AWOL - Absent Without Leave	GD - General Discharge	NA - Not applicable	SCM- Summary Court Martial
BCD - Bad Conduct Discharge	HS - High School	NIF - Not in File	SPCM - Special Court Martial
CG - Company Grade Article 15	HD - Honorable Discharge	OAD - Ordered to Active Duty	UNC - Uncharacterized Discharge  
CID - Criminal investigation Department	MP – Military Police	OMPF - Official Military Personnel File	UOTHC - Under Other Than                           			               Honorable Conditions


ADRB Case Report and Directive (cont)		AR20130000151



Page 5 of 5 pages


ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



1