Application Receipt Date: 060726 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: 040727 Discharge Received: Date: 041201 Chapter: 8-26e (2) AR: NGR 600-200 Reason: Acts or Patterns of Misconduct RE: SPD: NA Unit/Location: 83rd Troop Command, Tallahassee, FL 32311-3599 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: 651222 Current ENL Date: 930417 Current ENL Term: 6 Years ext 5 years (980314) Current ENL Service: 11 Yrs, 07 Mos, 15 Days ????? Total Service: 20 Yrs, 09 Mos, 00 Days ????? Previous Discharges: USAR-840302-850523/NA ADT-850524-850724/UNC USAR-850725-930416/NA ARNG930417-041201/UOTHC (Concurrent Service) Highest Grade: E7 Performance Ratings Available: Yes No MOS: 11B10 Infantryman/75H10 Personnel Services Spec/SGT GT: 111 EDU: 14 Years Overseas: Panama/Costa Rica/Egypt Combat: None Decorations/Awards: ARCOM (4), JSAM, AAM, AGCM (2), ARCAM (3), NDSM, HSM, AFRM, NCOPDR w/3, ASR, ARCOTR (4) 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 21 July 2004, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 12-1, AR135-178, and paragraph 8-26e (2), NGR 600-200, by reason of misconduct—acts or patterns of misconduct (violation of NGR 600-5, paragraphs 6-5(c)1, inappropriate professional and person conduct and 6-5(c)2, moral or professional dereliction, as substantiated in the AR 15-6 investigation report of findings and recommendations, dated 2 September 2003), with an under other than honorable conditions discharge. He was advised of his rights. The applicant's election of rights are not contained in the available record and Government regularity is presumed in the discharge process. Furthermore, the applicant was recommended for an under other than honorable conditions discharge, therefore, he was entitled to have his case heard by an administrative separation board. However, the findings and recommendation of the board are not a part of the available records and Government regularity is presumed in the discharge process. The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts. The intermediate and senior intermediate commanders reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge. The separation authority's documentation approving the separation action and directing that the applicant be discharged with a characetrization of service of under other than honorable conditions is not authenicated by his signature, and the analyst presumed Government regularity in the discharge process. The applicant was to be reduced to the lowest enlisted rank. The applicant has an AR 15-6 Investigation in his Official Military Personnel File dated 2 September 2003. 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 military records during the period of enlistment under review, the issue and documents he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The applicant’s discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. By his misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance. Therefore, the analyst determined that 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: 15 August 2007 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 0 No change 5 - 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 discharge was both proper and equitable, voted to deny relief. 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: NA RE Code: Grade Restoration: No Yes Grade: None XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: CHRISTINE U. MARTINSON DATE: 10 September 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060010457 Applicant Name: Mr. ______________________________________________________________________ Page 5 of 5 pages