Application Receipt Date: 060510	

Prior Review    Prior Review Date: None

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

Issues: See applicant's attached 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: NIF
Discharge Received:     Date: 980301   
Chapter: 8-26e (2)    NGR: 600-200
Reason: Acts or Patterns of Misconduct
RE:     SPD: NA
Unit/Location: 239th Military Police Company, Baton Rouge, LA 

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:  760724  
Current ENL Date: 931012    Current ENL Term: 08 Years  ?????
Current ENL Service: 04 Yrs, 04Mos, 20Days ?????
Total Service:  04 Yrs, 04Mos, 20Days ?????
Previous Discharges: None
Highest Grade: E3
Performance Ratings Available: Yes    No 
MOS: 95B10 (Military Police)   GT: 111   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR
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 applicant’s record is void of all the specific facts and circumstances concerning the events that led to a discharge from the Louisiana Army National Guard and as a Reserve of the Army, and the analyst presumed Government of regularity in the discharge process.  However, On 5 March 1997, the applicant was referred by his unit commander to the Louisiana Army National Guard (LAARNG) Alcohol & Drug Abuse Prevention & Control Program (ADAPCP) for evaluation after testing positive for THC (Marijuana).  On 4 May 1997, the applicant  was evaluated by the LAARNG ADAPCP and recommended for separation.  On 6 June 1997, the applicant was notified by memorandum that legal matters concerning his military status was pending, and that a military JAC officer had been assigned to his case.  On 10 January 1998, the applicant was notified to appear before an administrative separation board and advised of his rights.  On 7 February 1998, the administrative separation board met.  The board recommended separation with a general, under honorable conditions discharge.  On 17 February 1998, the Department of the Army and the Air Force, Headquarters, Louisiana National Guard, Office of the Adjutant General, Jackson Barracks, New Orleans, Louisiana, Orders 048-037 discharged him from the Army National Guard and as a Reserve of the Army.  The record contains a properly constituted NGB Form 22 (Report of Separation and Record of Service), indicating he was discharged under the provisions of Paragraph 8-26e(2), NGR 600-200, by reason of acts or patterns of misconduct with a characterization of service of general, under honorable conditions, with a reenlistment eligibility (RE) code of "3."
      
      The applicant has a Northwest Toxicology Laboratory Report dated (970411) in his Official Military Personnel File.
      
      
      
      
      

      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:  
      The applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the State of Louisiana Army National Guard and as a Reserve of the Army.  However, the available records does contain a properly constituted NGB Form 22.  This document identifies the reason and characterization of the discharge and the analyst presumed Government regularity in the discharge process.  The analyst noted the applicant's contentions, however, the evidence was not sufficiently mitigating to warrant an upgrade of the discharge under review.  By his misconduct the applicant deminished the quality of his service below that meriting a fully honorable discharge.  Therefore, 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: 2 May 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     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 inequitable. The Board found that the circumstances surrounding the discharge mitigated the discrediting entry in his service record.  Accordingly, the Board voted to grant relief in the form of an upgrade of characterization of service to fully honorable.  However, the Board determined that the reason for discharge was both proper and equitable and voted not to change it.

















Case report reviewed and verified by: Eric S. Moore, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: NA
Other: Thru:  Chief, National Guard Bureau                                     Date: 2 May 2007
To:  Adjutant General, State of Louisiana 

            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 Louisiana, with issuance of a new NGB Form 22, as follows:
                  
           ( X )	Change characterization of discharge to Honorable.
RE Code:  
Grade Restoration:   No   Yes  Grade: NA

XI.  Certification Signature and Date
Approval Authority: 

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

Official: 


MARY E. SHAW				DATE: 9 May 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060006721

Applicant Name:  Mr.        
______________________________________________________________________


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