Application Receipt Date: 060329 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See 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: 960130 Discharge Received: Date: 960223 Chapter: 8-26v AR: NGR 600-200 Reason: Fraudulent Entry RE: SPD: NA Unit/Location: Company B (-) 40th Support Bn Barstow, CA 92311 Time Lost: None Article 15s (Charges/Dates/Punishment): NIF Court-Martials (Charges/Dates/Punishment): NIF Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 660229 Current ENL Date: 950112 Current ENL Term: 6 Years ext 1 year (910213) Current ENL Service: 01 Yrs, 01 Mos, 12 Days ????? Total Service: 09 Yrs, 01 Mos, 12 Days ????? Previous Discharges: ARNG-851108-860108/NA IADT-860109-860529/UNC ARNG-860530-920707/HD USARCG-920708-940712/HD Highest Grade: E4 Performance Ratings Available: Yes No MOS: 63T10 BFVS Mech GT: 89 EDU: GED Overseas: None Combat: None Decorations/Awards: None 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: Evidence of record shows that on 30 January 1996, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 8-26v, NGR 600-200, by reason of fradulent entry, with an under other than honorable conditions discharge. On 23 February 1996, the unit commander requested that the applicant be discharged for fraudulent enlistment. The complete facts and circumstances leading to the applicant’s discharge 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. His NGB Form 22 indicates that he was discharged under the provisions of Chapter 8, Paragraph 8-26v, NGR 600-200, by reason of fraudulent entry with a characterization of service of general, under honorable conditions. On 3 March 1996, Orders 049-520, State Of California, Office Of The Adjutant General, Sacramento, CA, discharged the applicant from the Army National Guard and as a reserve of the Army, effective date: 23 February 1996, with a characterization of service of general, under honorable conditions. b. Legal Basis for Separation: National Guard Regulation (NGR) 600-200 and Army Regulation 135-91 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 8-26V, provides for the separation of Soldiers by reason of fraudulent entry. 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, the issue and documents he submitted, the analyst recommends relief be granted in the form of an upgrade of the characterization of service to fully honorable. This recommendation was made after full consideration of his faithful and honorable service, as well as his record of misconduct. The evidence in this case supports a conclusion that the applicant’s characterization of service was too harsh, and as a result it is now inequitable. While the applicant's misconduct is not condoned, the analyst found that the overall length of the applicant's service, and the time that has elasped since his discharge 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: 070207 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 now ineqiutable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable. However, the Board determined that reason for discharge was both proper and equitable and voted not to change it. Case report reviewed and verified by: Mr. Kenneth McFarley, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: None Other: Thru: Chief, National Guard Bureau Date: 7 February 2007 To: Adjutant General, State of California 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 California, with issuance of a new NGB Form 22, as follows: ( X ) Change characterization of discharge to fully Honorable. Remarks: This action entails issuing a new order discharging the applicant from the Reserve of the Army with an honorable characterization of service. 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: None XI. Certification Signature and Date Approval Authority: ROBERT L. HOUSE Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 070209 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060004588 Applicant Name: Mr. ______________________________________________________________________ Page 5 of 5 pages