Application Receipt Date: 061116	

Prior Review    Prior Review Date: None

I.  Applicant Request
Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 and documents submitted by the Applicant

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: NIF
Discharge Received:     Date: 930630   
Chapter: 8-26g    AR: NGB 600-200
Reason: Acts of Patterns of Misconduct - Illegal use of drugs
RE:     SPD: NA
Unit/Location: Detachment 1, Co B, 372d Support Bn, Temple TX 

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:  630910  
Current ENL Date: 880429    Current ENL Term: NIF Years       
Current ENL Service: 5 Yrs, 02Mos, 02Days      
Total Service:  5 Yrs, 02Mos, 02Days      
Previous Discharges: IADT 880608-881207/HD
Highest Grade: E-4
Performance Ratings Available: Yes    No 
MOS: 63H10/Track Vehicle Repairer   GT: 94   EDU: NIF   Overseas: NIF   Combat: NIF
Decorations/Awards: NIF
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:
      The evidence shows the applicant's record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army National Guard of the State Texas.  The evidence indicates that on 16 June 1993, HQ, Military Department, State of Texas, Office of the Adjutant General, Temple, Texas, Orders 118-175 discharged the applicant from the Army National Guard and as a Reserve of the Army, effective date 30 June 1993, with an under other than other conditions discharge.  The record 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 8-26g, NGR 600-200, by reason of acts or patterns of misconduct - illegal use of drugs, with a characterization of service of under other than other conditions, and a reenlistment eligibility (RE) code of "3." 

      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 8-26q (3) of that regulation provides in pertinent part that individuals can be separated for misconduct-abuse of illegal drugs.

      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, and the issue he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  The facts and circumstances pertaining to the applicant's discharge are not contained in the available records.  On 16 June 1993, HQ, Military Department, State of Texas, Office of the Adjutant General, Temple, Texas, Orders 118-175 discharged the applicant from the Army National Guard and as a Reserve of the Army, effective date 30 June 1993, with an under other than honorable conditions discharge.   The record contains 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 8-26g, NGR 600-200, by reason of acts or patterns of misconduct - illegal use of drugs, with a characterization of service of under other than honorable conditions, and a Reenlistment Eligibility Code of RE 3.  Furthermore, the analyst noted that even though a single incident, the discrediting entry constituted a departure from the standards of conduct expected of soldiers in the Army.  The applicable Army regulation states that there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The analyst having examined all the circumstances determined that the applicant's single incident of misconduct did indeed adversely affect the quality of service, brings discredit on the Army, and was prejudicial to good order and discipline.  This single incident of misconduct clearly diminished the quality of the applicant's service below that meriting a fully honorable or a general under honorable conditions discharge.  Furthermore, the U.S. Army does not have, nor has it ever had, a policy to automatically upgrade discharges.  Each case is decided on its own merits when an applicant submits a DD Form 293 requesting a change in discharge.  Changes may be warranted if the Board determines that the characterization of service or the reason for discharge or both were improper or inequitable.  Additionally, eligibility for veteran's benefits, to include educational benefits under the Montgomery GI Bill, does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. The analyst noted the applicant's issue regarding employment; however, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  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 releif.

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 19 December 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 and voted to deny relief.  



Case report reviewed and verified by: Chuck Busick, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: NA
Other: NA
RE Code:  
Grade Restoration:   No   Yes  Grade: 

XI.  Certification Signature and Date
Approval Authority: 

MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


CHRISTINE U. MARTINSON			DATE: 21 December 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060016060

Applicant Name:  Mr.         
______________________________________________________________________


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