Applicant Name: ????? Application Receipt Date: 071130 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: See enclosed DD Form 293 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: 980501 Chapter: 8-26e (1) AR: NGR 600-200 Reason: Conviction by Civil Court RE: SPD: NA Unit/Location: 82nd Maint Co, Columbus, GA Time Lost: None Article 15s (Charges/Dates/Punishment): The applicant was reduced from "E-4" to "E-3" effective 5 May 1996. However, the document that reduced her is not part of the available record. Courts-Martial (Charges/Dates/Punishment): NIF Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 24 Current ENL Date: 950427 Current ENL Term: 6 Years ????? Current ENL Service: 03 Yrs, 00Mos, 05 Days ????? Total Service: 08 Yrs, 08Mos, 17Days ????? Previous Discharges: RA-890815-930813/HD USARCG-930814-950426/NA Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 92A10 Material Handling Spec GT: 102 EDU: HS Grad Overseas: None Combat: None Decorations/Awards: NDSM, ASR, OSR V. Post-Discharge Activity City, State: Fayetteville, GA Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The specific facts and circumstances pertaining to the applicant’s discharge from the State of Georgia Army National Guard and as a Reserve of the Army are not contained in the available records. However, the record does contain a properly constituted NGB Form 22 (Report of Separation and Record of Service), which was not authenticated by the applicant's signature. It indicates that the applicant was discharged under the provisions of Paragraph 8-26e (1), NGR 600-200, by reason of acts or patterns of misconduct-conviction by civil court, with a characterization of service of general, under honorable conditions and a reenlistment eligibility (RE) code of "3." The evidence shows that on 23 April 1998, the State of Georgia, Department of Defense, Military Division, Office of the Adjutant General, Atlanta, GA, Orders 066-036, discharged the applicant from the Army National Guard and as a Reserve of the Army, effective date: 1 May 1998, with a general, under honorable conditions discharge. b. Legal Basis for Separation: 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. 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 and the issues she 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 her discharge from the State of Georgia Army National Guard and as a Reserve of the Army. However, the record does contain a properly constituted NGB Form 22 (Report of Separation and Record of Service), which was not authenticated by the applicant's 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 8-26e (1), NGR 600-200, by reason of acts or patterns of misconduct-conviction by civil court, 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. By her misconduct the applicant diminished the quality of her service below that meriting a fully honorable discharge. Furthermore, the analyst noted the applicant’s issue; however, the U.S. Army does not have, nor has it ever had, a policy to automatically upgrade discharges. Each case is decided on its own merits when an applicant submits a DD Form 293 requesting a change in discharge. Changes may be warranted if the Board determines that the characterization of service or the reason for discharge or both were improper or inequitable. In view of the foregoing, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 15 October 2008 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 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 0 No change 5 Reason - Change 0 No change 5 (Board member names available upon request) EDGAR J. YANGER Colonel, U.S. Army 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: None ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20070017721 ______________________________________________________________________________ Page 1 of 3 pages