Application Receipt Date: 060517 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See applicant's attached DD Form 293 and supporting documents. II. Were Proper Discharge and Separation Authority procedures followed? Yes No Tender Offer: ????? See Attachments: Legal Medical Minority Opinion Exhibits III. Original Character of Discharge Unit CDR Recommended Discharge: Date: NIF Discharge Received: Date: 041114 Chapter: Para 8-27t NGR: 600-200 Reason: NIF RE: SPD: None Unit/Location: A Company, 1st Battalion, 69th Infantry, 68 Lexington Avenue, NY Time Lost: Total amount of lost time is unknown, however, a DA Form 4187 (Personnel Action) found in the applicant's record shows he was reported as being AWOL on 041015. Article 15s (Charges/Dates/Punishment): None Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 830213 Current ENL Date: 040515 Current ENL Term: 560 Days ????? Current ENL Service: 00 Yrs, 07Mos, 00Days ????? Total Service: 02 Yrs, 02Mos, 07Days ????? Previous Discharges: RA-000824-010209/UNC ARNG-030224-030526/NA RA-030527-030912/HD ARNG-030913-040514/Concurrent Service Highest Grade: E2 Performance Ratings Available: Yes No MOS: 11B10 (Infantryman) GT: 100 EDU: GED Overseas: None Combat: None Decorations/Awards: ASR, NDSM V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The applicant’s record is void of the specific facts and circumstances concerning the events that led to a discharge from the New York Army National Guard. The evidence of record does contain a discharge order, No. 082-1005, from the Office of the Adjutant General Joint Force Headquarters, 330 Old Niskayuna Road, Latham, New York, dated 23 March 2005. The order shows the applicant, was discharged with a characterization of service of uncharacterized, under provisions of NGR 600-200 Para 8-27t. b. Legal Basis for Separation: National Guard Regulation (NGR) 600-200 and Army Regulation 630-10 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 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 applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the New York Army National Guard. However, the applicant’s record does contain a discharge order. This document identifies the characterization of the discharge and the analyst presumed government regularity in the discharge process. The order indicates that the applicant was discharged under the provisions of Chapter 8-27t, NGR 600-200. A fully honorable discharge may be granted only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty. The Analyst determined that no such unusual circumstances were present in the applicant’s record and his service did not warrant an honorable discharge. Therefore, the reason for discharge and the characterization of service remains both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 21 March 2007 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA VIII. Board Decision The discharge was: Proper Improper Equitable Inequitable The characterization of service was: Proper Improper Equitable Inequitable The narrative reasons were: Equitable Inequitable DRB voting record: Change No change (Character) Change No change (Reason) (Board member names available upon request) IX. 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 not to change it. Case report reviewed and verified by: Eric S. Moore, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 30 March 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060007020 Applicant Name: Mr. ______________________________________________________________________ Page 5 of 5 pages