Applicant Name:  ?????

Application Receipt Date: 2007/11/26	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 and supporting documents provided 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: Not in file (NIF)
Discharge Received: 			   Date: 060714   Chapter: 8-26e(2)     AR: NGR 600-200
Reason: Misconduct-Abuse of Illegal Drugs	   RE:     SPD: NA   Unit/Location: HHC, 55th Brigade, Special Troops Bn, Scranton, PA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): None in file

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 020923    Current ENL Term: 8 Years  ?????
Current ENL Service: 	03 Yrs, 09Mos, 22Days ?????
Total Service:  		03 Yrs, 09Mos, 22Days ?????
Previous Discharges: 	IADT 030702-031208/UNC
                                      OAD 040109-050322/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 92A/Auto Log Spc   GT: 105   EDU: HS Grad   Overseas: SWA   Combat: Iraq (040305-050207)
Decorations/Awards: ARCOM, ASR, GWOTSM, GWOTEM, AFRM, MUC, NDSM, AFEM, OSR, ARCAM-1

V.  Post-Discharge Activity
City, State:  Dickson City, PA
Post Service Accomplishments: Attending college since the Fall of 2005.

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 of Pennsylvania.  The evidence indicates that on 13 July 2006, Department of Military and Veterans Affairs, Office of the Adjutant General, Annville, PA, Orders 194-1008 discharged the applicant from the Army National Guard and as a Reserve of the Army, effective date 14 July 2006.  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 8-26e(2), 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."
       

       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 8-26e(2) 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 military records for the period of enlistment under review, the documents, and the issue he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  The applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the State of Pennsylvania Army National Guard and as 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 discharged under the provisions of Chapter 8, paragraph 8-26e(2), NGR 600-200, by reason of misconduct-abuse of illegal drugs with a characterization of service of general, under honorable conditions and the analyst presumed Government regularity in the discharge process..  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.  The analyst noted the applicant’s contentions; however, the evidence was not sufficiently mitigating to warrant an upgrade of the discharge under review.  The applicant acknowledges in his application for an upgrade that he smoked marijuana and that he turned up positive during a random urinalysis.  By violating the Army's policy not to possess or use illegal drugs, he 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.  Furthermore, 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.  In view of the foregoing, 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: 10 October 2008         Location: Washington, D.C.

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 1  No change 4
Reason -     Change 0    No change 5
(Board member names available upon request)
								         EDGAR J. YANGER			 
								         Colonel, U.S. Army
								         President, Army Discharge Review Board
Issue a new DD Form 214  					
Change Characterization to: 			         
Change Reason to: NA
Other: NA										
RE Code: 									 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070017129
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