Application Receipt Date: 060815	

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: 970301
Discharge Received:     Date: 970315   
Chapter: 8-26q (3)    AR: 135-178/NGR 600-200
Reason: Misconduct-Abuse Of Illegal Drugs
RE:     SPD: NA
Unit/Location: HHC, 122nd Engineer Battalion, Edgefield, SC 29824 

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:  710602  
Current ENL Date: 910726    Current ENL Term: 6 Years  2 Mos, 20 Days
Current ENL Service: 05  Yrs, 07 Mos, 20 Days ?????
Total Service:  07  Yrs, 04 Mos, 01 Days ?????
Previous Discharges: USAFR-880728-890621/NA
                                      USAF-890622-890727/HD
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 12B10 Combat Engineer   GT: 105   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: AAM, ARCAM, NDSM, ARCOTR, AFTR, PSR, BACBDGE, 
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 1 March 1997, 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 a general, under honorable conditions discharge.  He was advised of his rights.  The applicant waived his right to consult with legal counsel, was advised of the impact of the discharge action, waived consideration of his case by an administrative separation board, and did not submit a statement in his own behalf.  The complete facts and circumstances pertaining to the applicant’s discharge from the State of South Carolina Army National Guard are not contained in the available records.  However, 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 8-26q (3), NGR 600-200, by reason of misconduct-abuse of illegal drugs, with a characterization of service of general, under honorable conditions and a reenlistment eligibility (RE) code of "3."  On 30 April 1997, the State Of South Carolina Military Department, Office of the Adjutant General, Columbia, SC, Orders 84-11, discharged the applicant from the Army National Guard and as a Reserve of the Army, effective date:  15 March 1997, 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 military records for the period of enlistment under review and the issue he submitted, the analyst recommends that relief be denied in this case.  The applicant’s record is void of the complete facts and circumstances concerning the events that led to his discharge from the State of South Carolina Army National Guard and as a Reserve of the Army.  However, the record does contain a properly constituted NGB Form 22 (Report of Separation and Record of Service).  This document identifies the reason and characterization of the service and the analyst presumed Government regularity in the discharge process.  The evidence of record shows the applicant was discharged under the provisions of Chapter 7, AR 135-178 and Chapter 8, paragraph 8-26q (3), NGR 600-200, by reason of misconduct-abuse of illegal drugs, with a characterization of service of general, under honorable conditions.  Barring evidence to the contrary, the analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  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: 29 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 3    No change 2   - 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 does not condone the applicant’s misconduct; however, determined that the characterization of service was too harsh, and as a result it is inequitable.  The Board found that the overall length and quality of the applicant’s service, and the time that has elapsed since her discharge, mitigated the discrediting entry in her service record.  Accordingly, the Board voted to grant relief in the form of an upgrade of the 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: Mr. Kenneth McFarley, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: None
Other: Thru:  Chief, National Guard Bureau            Date:  29 August 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 fully Honorable.

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: 20 September 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060011672

Applicant Name:  Mr       
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