Application Receipt Date: 080418 Prior Review Prior Review Date: None I. Applicant Request 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? 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: 080204 Chapter: 8-35j NGR: 600-200 Reason: Unsatisfactory Participation RE: SPD: NA Unit/Location: Co C, 1/149th In Bn (Mech) Rear, Ravenna, KY 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: 770604 Current ENL Date: 040908 Current ENL Term: 08 Years ????? Current ENL Service: 03 Yrs, 04Mos, 27Days ????? Total Service: 03 Yrs, 04Mos, 27Days ????? Previous Discharges: ADT-041025-050225/HD OAD-050325-060704/HD (Current Service) Highest Grade: E4 Performance Ratings Available: Yes No MOS: 11B10/Infantryman GT: NIF EDU: GED Overseas: Southwest Asia Combat: Kuwait/Iraq (050628-060612) Decorations/Awards: ARCOM, AGCM, NDSM, ASR, ICM, GWOTSM, OSR, CIB, AFRM (w/M Device) V. Post-Discharge Activity Home of Record: Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The specific facts and circumstances leading to the applicant's discharge from the State of Kentucky 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 the applicant was unavailable for signature. This document indicates that the applicant was discharged under the provisions of Paragraph 8-35j, NGR 600-200, by reason of unsatisfactory participation with a characterization of service of under other than honorable conditions and a reenlistment eligibility (RE) code of "3." The evidence of record further shows that on 2 February 2008, Department of Military Affairs, Boone National Guard Center, Frankfort, Kentucky, Orders 033-823, discharged the applicant from the Army National Guard and as a Reserve of the Army, effective 4 February 2008, with a under other than honorable conditions discharge. b. Legal Basis for Separation: National Guard Regulation (NGR) 600-200 and Army Regulation 135-178 govern procedures covering enlisted personnel of the Army National Guard. Chapter 8 of NGR 600-200 covers, in pertinent part, discharge and separation of enlisted personnel for misconduct due to unsatisfactory participation. Army Regulation 135-91 states that a member is an unsatisfactory participant when nine or more unexcused absences from scheduled drills occur during a 1 year period. An enlisted member separated for misconduct which includes unsatisfactory participation will normally be furnished a characterization of service of under other than honorable conditions in accordance with Army Regulation 135-178. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s available military records during the period of enlistment under review and the issue he submitted, the analyst recommends that the applicant’s characterization of service be upgraded to general, under honorable conditions. The analyst noted that the applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the State of Kentucky Army National Guard and as a Reserve of the Army. However, the evidence in this case supports a conclusion that the applicant’s characterization of service was too harsh, and as a result it is inequitable. The analyst found that the length and quality of the applicant's service to include his combat service, mitigated the discrediting entry in his service record. However, the analyst determined that the reason for discharge was both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 27 June 2008 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 3 No change 2 - Character Change 0 No change 5 - 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 characterization of service was too harsh and as a result, it is inequitable. Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to general, under honorable conditions. The Board determined that the reason for 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: Thru: Chief, National Guard Bureau Date: 27 June 2008 To: Adjutant General, State of Kentucky 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 Kentucky, with issuance of a new NGB Form 22a, as follows: ( X ) Change characterization of service to General, Under Honorable Conditions. ( X ) This action entails a restoration of grade to SPC/E-4 ( X ) Other (see remarks below). Remarks: This action entails a change to the applicant’s discharge from the Reserve of the Army to reflect a characterization of service of general, under honorable conditions. ARBA Support Division-St. Louis, is directed to insure that the applicant’s discharge from the Reserve of the Army reflects the aforementioned change. RE Code: Grade Restoration: No Yes Grade: SPC/E-4 XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: CHRISTINE U. MARTINSON DATE: 1 July 2008 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20080005991 Applicant Name: ______________________________________________________________________ Page 1 of 5 pages