Applicant Name:
Application Receipt Date: 071010
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See enclosed DD Form 293 and supporting 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: 000401 (NGB Form 22)
Chapter: 8-26e(2b) AR: NGR 600-200
Reason: First-Time Drug Offenders
RE: SPD: NIF
Unit/Location: HQ, Louisiana National Guard, Office of the Adjutant General, Jackson Barracks, New Orleans, LA
Time Lost: None
Article 15s (Charges/Dates/Punishment): NIF
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Year/Month: 77/06
HOR City, State: Arnaudville, LA
Current ENL Date: 970313 Current ENL Term: 8 Years ARNG
Current ENL Service: 03 Yrs, 00 Mos, 19 Days ?????
Total Service: 03 Yrs, 00 Mos, 19 Days ?????
Previous Discharges: RA ADT 970804-971113/UNC
Highest Grade: E-3
Performance Ratings Available: Yes No
MOS: 12B Combat Engineer GT: 98 EDU: HS Grad Overseas: None Combat: None
Decorations/Awards: ASR
V. Post-Discharge Activity
Post Service Accomplishments: None listed by the Applicant.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence shows the Applicants 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 Louisiana. The evidence indicates that on 1 April 2004, HQ, Military Department, State of Louisiana, Office of the Adjutant General, New Orleans, Louisiana, Orders 087-025 discharged the Applicant from the Army National Guard and as a Reserve of the Army, effective date 1 April 2000, with a general, under honorable conditions discharge. The record contains a properly constituted NGB Form 22 (Report of Separation and Record of Service). The Applicant's NGB Form 22 indicates he was discharged under the provisions of Paragraph 8-26e(2b), NGR 600-200, by reason of first-time drug offenders, 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 135-91 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 Applicants available military records for 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 Applicants 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 a Reserve of the Army. However, the record does contain a properly constituted NGB Form 22 (Report of Separation and Record of Service), which indicates that the Applicant was unavailable for signature. 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 8, paragraph 8-26, NGR 600-200, by reason of first-time drug offenders 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. 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. 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: 27 August 2008
Location: Washington, D.C.
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 Applicants record of service during the period of enlistment under review and considering the analysts recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted to deny relief.
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: NA
XI. Certification Signature and Date
Approval Authority:
MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board
Official:
CHRISTINE U. MARTINSON DATE: 27 August 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20070013922
______________________________________________________________________
Page 3 of 4 pages
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