Application Receipt Date: 060606 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: 930423 Chapter: 8-27j NGR: 600-200 Reason: Failure to Obtain Required Physical RE: SPD: FA Unit/Location: Headquarters Army National Guard Training Site, Camp Edwards, MA Time Lost: None Article 15s (Charges/Dates/Punishment): None Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 460717 Current ENL Date: 830803 Current ENL Term: 03 Years (Extended enlistment three years on 860728, and again on 890709 for another three years making new ETS 950802) Current ENL Service: 09 Yrs, 08Mos, 21Days ????? Total Service: 22 Yrs, 08Mos, 21Days ????? Previous Discharges: RA-651122-681105/HD USARCG-681106-711121/NA ARNG-760615-830614/HD Highest Grade: E6 Performance Ratings Available: Yes No MOS: 51H30 (Construction Eng Supervisor) GT: 118 EDU: HS Grad Overseas: None Combat: None Decorations/Awards: ASR, NDSM (2d Award), ARCOM (3d Award), AFSM, OSR, AGCM, BS, MSM 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 facts and circumstances leading to the applicant’s discharge are not contained in the available records. Evidence of record shows that on 26 April 1993, The Commonwealth of Massachusetts, Office of the Adjutant General, Camp Curtis Guild, Reading, Massachusetts 01867-1999, Orders 77-2, discharged the applicant from the Army National Guard, effective 23 April 1993, with a general, under honorable conditions discharge, and assigned him to the USAR Control Group (Reinforcement), St Louis, Missouri for the remainder of his contractual obligation. 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 8-27j, NGR 600-200, with a characterization of service of general, under honorable conditions, with a RE Code of 3. b. Legal Basis for Separation: National Guard Regulation (NGR) 600-200 and NGR 40-501 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 8-27(j) of that regulation provides in pertinent part that individuals can be separated for failure to obtain required physical IAW NGR 40-501. c. Response to Issues, Recommendation and Rationale: The applicant’s record is void of the specific facts and circumstances concerning the events that led to a discharge from the State of Massachusetts Army National Guard. However, the available records contain a properly constituted NGB Form 22. This document identifies the reason and characterization of the discharge and the analyst is presumming Government regularity in the discharge process. The evidence of record shows the applicant was discharged under the provisions of Chapter 8, Paragraph 8-27j, NGR 600-200, by reason of failure to obtain required physical a general, under honorable conditions characterization of service. The analyst noted the applicant’s contentions; however, the applicant has 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. In the absence of corroborated 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. 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: 2 April 2007 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: yes [ redacted ] Witnesses/Observers: yes [ spouse ] and observer Exhibits Submitted: Applicant provide four additional documents in support of his case. 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, hearing his testimony, and considering the analyst’s recommendation and rationale, the Board determined that the discharge was inequitable. The Board found that the overall length and quality of the applicant's service and the circumstances surrounding the discharge, mitigated the discrediting entries in his service record. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable and change the narrative reason for separation to Secretarial Authority. This action does not entail a change to the reentry eligibility (RE) code. 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: Secretarial Authority Other: Thru: Chief, National Guard Bureau Date: 4 April 2007 To: Adjutant General, State of Massachusetts The Army Discharge Review Board, established under the provisions of Section 30, Public Law 346, 78th Congress, 22 June 1944 and codified as Title 10, United States Code, Section 1553, in the case of the applicant named in Part I recommends that the applicant be considered for a change of his discharge by the Adjutant General, State of Massachusetts, with issuance of a new NGB Form 22, as follows: ( X ) Change characterization of discharge to Honorable. ( X ) Change narrative reason for separation to "Secretarial Authority." 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: 11 April 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060008137 Applicant Name: Mr. ______________________________________________________________________ Page 5 of 5 pages