Applicant Name: ????? Application Receipt Date: 08/07/22 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 submitted by the applicant. II. Were Proper Discharge and Separation Authority procedures followed? Tender Offer: NA See Attachments: Legal Medical Minority Opinion Exhibits III. Discharge Under Review Unit CDR Recommended Discharge: Date: 061030 Discharge Received: Date: 070111 Chapter: 12-1d AR: NGR 600-200 Reason: Acts or Patterns of Misconduct RE: SPD: NA Unit/Location: 1687th Transportation C., Mississippi Army National Guard, Southaven, MS Time Lost: None Article 15s (Charges/Dates/Punishment): None Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 17 Current ENL Date: 051112 Current ENL Term: 6 Years ????? Current ENL Service: 01 Yrs, 01Mos, 30Days ????? Total Service: 07 Yrs, 02Mos, 13Days ????? Previous Discharges: ADT-030610-030826/HD OAD-040809-060126/HD Highest Grade: E4 Performance Ratings Available: Yes No MOS: 19K10 Armor Crewman GT: 102 EDU: HS Grad Overseas: None Combat: Kuwait/Iraq 050113-051229 Decorations/Awards: NDSM-2, ASR, OSR, AFRM, GWOTSM, ICM. V. Post-Discharge Activity City, State: Coldwater, MS Post Service Accomplishments: Not Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record indicates that on 30 October 2006, the unit commander notified the applicant of initiation of separation action under the provisions of paragraph 12-1d, AR 135-178, by reason of acts or patterns of misconduct – for wrongful use of illegal of drugs for having tested positive for marijuana (060722), with a general under honorable conditions discharge. The discharge packet was mailed to the applicant via certified mail to let him know of his rights, however, it was returned as undeliverable. The intermediate commander recommended separation with a general under honorable conditions discharge. The record does not contain the separation authority's memorandum approving the speration action, however, it does contain a properly constituted NGB Form 22 (Report of Separation and Record of Service). It indicates that the applicant was discharged under the provisions of Paragraph 8-35i(1), NGR 600-200, by reason of acts or patterns of misconduct – illegal use of drugs, with a characterization of service of general, under honorable conditions, and a reenlistment eligibility (RE) code of "3." b. Legal Basis for Separation: National Guard Regulation (NGR) 600-200 and Army Regulation 135-178 govern procedures covering enlisted personnel of the U.S. Army Reserve and Army National Guard. Chapter 8 of NGR 600-200 covers, in pertinent part, discharge and separation of enlisted personnel for misconduct due to acts or pattern of misconduct. Specific categories include minor disciplinary infractions, pattern or acts of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or absence without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed. Army policy states that an under other than honorable conditions discharge is normally considered appropriate, however, a general under honorable conditions or an honorable discharge may be granted. c. Response to Issues, Recommendation and Rationale: After carefully examining the applicant’s record of service during the period of enlistment under review and the issue and documents he submitted, the analyst determined that the discharge was both proper and equitable. The applicant, by violating the Army's policy not to possess or use illegal drugs, compromised the trust and confidence placed in a soldier. The applicant, as a soldier, had the duty to support and abide by the Army's drug policies. By abusing illegal drugs, the applicant knowingly risked a military career and diminished the quality of service below that meriting a fully honorable discharge. The analyst noted the applicant’s contentions; however, the evidence was not sufficiently mitigating to warrant an upgrade of the discharge under review. Furthermore, the record does not support the applicant’s contention that he suffers from Post Traumatic Stress symptoms and no evidence to support it has been submitted by the applicant, that his discharge was the result of any medical condition. Therefore, the analyst determined that the reason for discharge and the characterization of service remains both proper and equitable and recommends to the Board to deny relief. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 17 September 2007 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA VIII. 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 to deny relief. IX. Board Decision XI. Certification Signature Board Vote: Approval Authority: Character - Change 0 No change 5 Reason - Change 0 No change 5 (Board member names available upon request) EDGAR J. YANGER Issue a new DD Form 214 Colonel, U.S. Army Change Characterization to: President, Army Discharge Review Board Change Reason to: Other: NA RE Code: Grade Restoration: No Yes Grade: NA ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20080011511 ______________________________________________________________________________ Page 1 of 3 pages