Application Receipt Date: 060123 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293, with attachment 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: 041007 Chapter: 8-26(e)(2), CH 8 AR: NGR 600-200, AR 135-178 Reason: Acts or Patterns of Misconduct RE: SPD: AD Unit/Location: NYARNG Element Joint Force HQ, 330A, Old Niskayund Road, Latham NY 12110 Time Lost: NIF Article 15s (Charges/Dates/Punishment): NIF Court-Martials (Charges/Dates/Punishment): NIF Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 800626 Current ENL Date: 040329 Current ENL Term: NIF Years ????? Current ENL Service: 0 Yrs, 6 Mos, 9 Days ????? Total Service: 0 Yrs, 6 Mos, 9 Days ????? Previous Discharges: None Highest Grade: E3 Performance Ratings Available: Yes No MOS: 71L0O GT: NIF EDU: 14 Years Overseas: None Combat: None Decorations/Awards: None V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: Associates Degree Certificate VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The specific facts and circumstances leading to the applicant’s discharge are not contained in the available records. However, the record contains a properly constituted NGB Form 22 (Report of Separation and Record of Service), which the applicant was unavailable for signature. His NGB Form 22 indicates that he was discharged under the provisions of Chapter 8, PARA 8-26(e)(2), with reason as acts or patterns of misconduct, with service uncharacterized. The evidence of record shows that on 18 October 2004, Orders 292-1039, NGB, Office of the Adjutant General, Joint Force Headquarters, Latham, NY, discharged the applicant from the Army National Guard of New York, and Reserve of the Army, effective date: 7 October 2004. 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 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 properly constituted NGB Form 22 (Report of Separation and Record of Service), which the applicant was unavailable for signature. This document identifies the reason and characterization of the discharge and the analyst presumed government regularity in the discharge process. That NGB Form 22 indicates that the applicant was discharged under the provisions of Paragraph 8-26e(2), NGR 600-200 and Army Regulation 135-178, by reason of minor disciplinary infractions or a pattern of misconduct, with service uncharacterized. Army Regulation 135-178 provides in pertinent part, that a soldier is in entry-level status for the first 180 days of continuous active duty. The purpose of the entry-level status is to provide the soldier a probationary period. Soldiers who are found to lack the necessary motivation, adaptability, self-discipline, ability, or attitude to become productive, Soldiers may be expeditiously separated while in entry-level status. 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. The analyst acknowledges that at the time of discharge the applicant had completed a total of 6 months and 9 days of active military service. However, the analyst determined that the applicant’s separation was initiated while he was still in entry-level status. 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: 4 October 2006 Location: Washington, D.C. Did the Applicant Testify? Yes No Counsel: N/A Witnesses/Observers: N/A Exhibits Submitted: N/A 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: Mr. John Zangas, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: ????? Other: ????? RE Code: Grade Restoration: No Yes Grade: none XI. Certification Signature and Date Approval Authority: ROBERT L. HOUSE Colonel, U.S. Army President, Army Discharge Review Board Official: ESMERALDA G. PROCTOR DATE: 6 October 2006 Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060001307 Applicant Name: Mr. ______________________________________________________________________ Page 5 of 6 pages