Application Receipt Date: 051007 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See applicant's attached DD Form 293. 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: 040623 Discharge Received: Date: 040823 Chapter: 8-26j(7) AR: NGR 600-200 Reason: Failure to meet enlistment or retention standards for security reasons. RE: SPD: NA Unit/Location: 177th MP Battalion, MIARNG 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: 540503 Current ENL Date: 030122 Current ENL Term: NIF Years ????? Current ENL Service: 1 Yrs, 7Mos, 2Days ????? Total Service: 9 Yrs, 8Mos, 16Days ????? Previous Discharges: RA-710720-720829/HD ANG-940719-970922,/HD Highest Grade: E4 Performance Ratings Available: Yes No MOS: None GT: NIF EDU: 5 Years College Overseas: None Combat: None Decorations/Awards: ASR, NDSM, AF TNG Ribbon, 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: On 23 June 2004, the applicant's commander recommended that the applicant be discharged from the MIARNG with a characterization of service of General, Under Honorable Conditions. The record contains a properly constituted NGB Form 22 (Report of Separation and Record of Service). This form shows that the applicant was discharged under the provisions of Paragraph 8-26j(7) (Failure to meet enlistment or retention standards for security reasons, National Guard Regulation (NGR) 600-200, with a characterization of service of general, under honorable conditions, and a RE Code of 4. b. Legal Basis for Separation: NGR 600-200 and Army Regulation 135-178 govern the procedures for the administrative separation of enlisted personnel of the Army National Guard and Army Reserve. Chapter 8, paragraph 8-26j(7) of NGR 600-200 provides, in pertinent part, that commanders will separate a member under this chapter when it is clearly established that, in the commander's judgment, the member fails to meet enlistment or retention standards for security reasons in Army Regulation 604-10. This paragraph further mandates that the member will receive a RE Code of 4. c. Response to Issues, Recommendation and Rationale: The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the unsatisfactory performance. Barring evidence to the contrary, it must be presumed that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The applicant's contentions are noted however, there is no evidence of record, nor has the applicant provided any evidence to support his contentions. Accordingly, the reason for discharge and the characterization of service are deemed to be both proper and equitable, and it is recommended that the Board vote to deny relief in this case. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 060823 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 characterization of service was too harsh, and as a result it is inequitable. The Board found that the length and quality of the applicant's service and the circumstances surrounding his discharge mitigated the discrediting entry in his service record. Accordingly, the Board voted to grant relief by changing the characterization of service to honorable. The Board recommends that the Adjutant General, State of Michigan, Army National Guard consider changing the applicant’s characterization of service to fully honorable and issue the applicant a new NGB Form 22. Notwithstanding the decision of the Adjutant General of the State of Michigan, the Board directs that the applicant’s discharge order from the Reserve of the Army be changed to reflect a characterization of service of honorable. However, the reason for discharge remains both proper and equitable. 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: The Board recommends that the Adjutant General, State of Michigan, Army National Guard consider changing the applicant's characterization of service to honorable and issue the applicant a new NGB Form 22. RE Code: Grade Restoration: No Yes Grade: NA XI. Certification Signature and Date Approval Authority: ROBERT L. HOUSE Colonel, U.S. Army President, Army Discharge Review Board Official: ESMERALDA G. PROCTOR DATE: 060825 Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060004362 Applicant Name: Mr. ______________________________________________________________________ Page 3 of 5 pages