Application Receipt Date: 060412 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 and attached documents. 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: 000824 Discharge Received: Date: 000828 Chapter: 8-26e(2) AR: NGR 600-200 Reason: Acts Or Patterns Of Misconduct RE: SPD: NA Unit/Location: C Company 122nd Engineer Bn (124) Graniteville, SC 29829-9685 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: 710529 Current ENL Date: 971220 Current ENL Term: 1 Years ext 1 year (991204) Current ENL Service: 02 Yrs, 08 Mos, 09 Days ????? Total Service: 05 Yrs, 09 Mos, 08 Days ????? Previous Discharges: RA-891116-921214/HD ARNG-921117-970826/NA Highest Grade: E4 Performance Ratings Available: Yes No MOS: 11C1P Indirect Fire Infantryman GT: 121 EDU: HS Grad Overseas: Kuwait/Iraq-Post Service Combat: Kuwait/Iraq (030415-040304) Post Service Decorations/Awards: AAM, NDSM, SWASM, HSM, ASR, OSR, KLM, CIB, Post Service Awards- ARCOM, NDSM, SWASM w/2BSS, AFRM w/ "M" Device, CIB, EIB V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: The applicant states he is currently serving in the South Carolina Army National Guard an a SGT. He was ordered to active duty in support of Operation Enduring/Iraqi Freedom. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 24 August 2000, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 7, AR 135-178, by reason of misconduct-abuse of illegal drugs, with an under other than honorable conditions discharge. The complete facts and circumstances leading to the applicant’s discharge from the South Carolina Army National Guard are not contained in the available records. The applicant was advised of his rights and given 45 days to exercise that privilege. He was required to acknowlege receipt of that memorandum within 30 calendar days. However, failure to respond to that memorandum and request consideration by administrative separation board will be considered a waviver of that right. 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. It indicates that the applicant was discharged under the provisions of Paragraph 8-26e, NGR 600-200, by reason of act or pattern of misconduct with a characterization of service of general, under honorable conditions and a Reenlistment Eligibility Code of RE 3. Evidence of record shows that on 14 November 2000, the State Of South Carolina Military Department, Office of the Adjutant General, Columbia, SC, discharged the applicant from the Army National Guard and as a reserve of the Army, effective date: 28 August 2000, 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 records for the period of enlistment under review, the issues and documents he submitted, the analyst recommend that the applicant's characterization of service be upgraded to fully honorable and change the narrative reason for discharge to Secretarial Authority. The evidence in this case supports a conclusion that the applicant’s discharge is now inequitable. While the applicant's misconduct is not condoned, the analyst found that the the overall length and quality of the applicant's service to include his combat service, and his post service accomplishments mitigated the discrediting entry in his service record. This action does not entail a change to the reenlistment eligibility (RE) code; however, the Board can consider it. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 070221 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 discharge is now inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable and a change to the narrative reason for separation to Secretarial Authority. This action entails a change to the reentry eligibility (RE) code to "1." 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: Secretarial Authority Other: Thru: Chief, National Guard Bureau Date: 21 February 2007 To: Adjutant General, State of South Carolina 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 South Carolina, with issuance of a new NGB Form 22, as follows: ( X ) Change characterization of discharge to Honorable. ( X ) Change narrative reason for separation to "Secretarial Authority." ( 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 honorable. 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: 070223 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060005360 Applicant Name: ______________________________________________________________________ Page 5 of 5 pages