Applicant Name: ?????
Application Receipt Date: 2008/01/10 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: The Applicant submits a DD Form 149 in which he requests that his ARNG Orders number 193-014 be modified to remove the words "use of illegal drugs" and any other negative comments. He admitted to using marijuana one time due to family problems and has since been blackballed from many good jobs. He is sorry for the indiscretion and has suffered 9 years for it. He has four kids who count on him and would like to put this painful event behind him. He provides a one page personal statement for the Board's consideration.
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: 990730 Chapter: NIF AR: NGR 600-200
Reason: Misconduct-Abuse of Illegal Drugs RE: SPD: NIF Unit/Location: 145th Main Co, NY ARNG, Bronx, NY
Time Lost: None
Article 15s (Charges/Dates/Punishment): None
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 28
Current ENL Date: 950525 Current ENL Term: 4 Years ?????
Current ENL Service: 04 Yrs, 02Mos, 06Days ?????
Total Service: 04 Yrs, 02Mos, 06Days ?????
Previous Discharges: IADT 950815-960229/HD
Highest Grade: E-2 Performance Ratings Available: Yes No
MOS: 31U10/Signal Spt Sys Spc GT: 104 EDU: GED Overseas: None Combat: None
Decorations/Awards: NDSM, ASR
V. Post-Discharge Activity
City, State: Richmond, VA
Post Service Accomplishments: None listed
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 New York. The evidence indicates that on 12 July 1999, HQ, Military Department, State of New York, Office of the Adjutant General, Latham, New York, Orders 193-014, discharged the applicant from the Army National Guard and as a Reserve of the Army, effective date 30 July 1999, with a general under honorable conditions discharge. The record does contain a properly constituted Order which indicates that the applicant was discharged for Misconduct-Abuse of Illegal drugs. The record further contains a document that shows that on 15 March 1998, the applicant tested positive for marijuana on a command random urinalysis.
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 document he submitted, the analyst found no mitigating factors that would merit an upgrade or change to the reason for separation 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 New York Army National Guard and a Reserve of the Army. However, the record does contain a properly constituted Order. 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 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. The analyst noted the applicants issue; however, Army Regulations stipulate that when the misconduct involves drug abuse, the reason will be specifically stipulated as Misconduct-Abuse of Illegal Drugs in the separation documents and no deviation is authorized. There is no provision for any other reason to be entered under this regulation. 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: 21 November 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 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.
IX. Board Decision
XI. Certification Signature
Board Vote: Approval Authority:
Character - Change 0 No change 5
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 AR20080001243
______________________________________________________________________________
Page 1 of 3 pages
ARMY | DRB | CY2006 | AR20060007020
Current ENL Service: 00 Yrs, 07Mos, 00Days ????? Facts, Circumstances, and Legal Basis for Separation a. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 30 March 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060007020 Applicant Name:...
ARMY | DRB | CY2007 | AR20070010437
Applicant Name: ????? It indicates that the applicant was discharged under the provisions of Paragraph 8-26e (2), NGR 600-200, by reason of alcohol or other drug abuse, with a characterization of service of general, under honorable conditions and a Reenlistment Eligibility (RE) code of "3." Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: CHRISTINE U. MARTINSON DATE: 15 July 2008 Lieutenant Colonel,...
AF | DRB | CY2006 | AR20060016060
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. Facts, Circumstances, and Legal Basis for Separation a. Board...
ARMY | DRB | CY2008 | AR20080013922
Discharge Under Review Unit CDR Recommended Discharge: Date: Not in File (NIF) Discharge Received: Date: 960401 Chapter: 8-27g AR: NGR 600-200 Reason: Unsatisfactory Participation RE: SPD: NA Unit/Location: F Co, 38th Spt Bn, Indianapolis, IN Time Lost: None Article 15s (Charges/Dates/Punishment): None Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. It indicates that the applicant was discharged under the provisions of Paragraph 8-27g, NGR 600-200,...
ARMY | DRB | CY2009 | AR20090001502
Applicant Name: ????? 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. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: NA RE...
ARMY | DRB | CY2008 | AR20080007515
Applicant Name: ????? It indicates that the applicant was discharged under the provisions of Paragraph 8-26e(1), NGR 600-200, by reason of conviction by civil court, with a characterization of service of general, under honorable conditions, and a reenlistment eligibility (RE) code of "3." Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: NA RE Code: Grade Restoration: No Yes Grade: NA ARMY...
ARMY | DRB | CY2008 | AR20080010848
Application Receipt Date: 2008/07/01 Prior Review: Prior Review Date: NA I. The evidence of record shows the applicant was discharged under the provisions of Chapter 8, paragraph 8-26e(2)a, NGR 600-200, by reason of acts or patterns of misconduct, with a characterization of service of general, under honorable conditions. Further, the analyst determined that the applicants Official Military Personnel File (OMPF) does not contain all the specific documents that would indicate the reason for...
ARMY | DRB | CY2006 | AR20060016796
The applicant consulted with legal counsel, was advised of the impact of the discharge action, requested consideration of his case by an Administrative Separation Board, and submitted a statement in his own behalf. Records also show that the applicant was processed for discharge using Chapter 12, AR 135-178, however his DD Form 214 shows the "Separation Authority" as AR 635-200, Paragraph 14-12c (2), with a "Separation Code" of JKK, a "Reentry Code of "3", and the "Narrative Reason for...
ARMY | DRB | CY2008 | AR20080017405
Furthermore, the analyst determined that the applicants Official Military Personnel File (OMPF) does not contain all the specific documents that would indicate the reason for the separation action from the United States Army. 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...
ARMY | DRB | CY2008 | AR20080014934
The record of evidence includes a memorandum addressed to the Applicant from the Department of the Army, Company B, 1st Battalion, 101st Cavalry, New York Army National Guard, Albany, New York, dated 25 April 1996, Subject: Letter of Instruction for Unexcused Absences, in which the Applicant was informed he had accrued six (6) unexcused absenses as of the date of the memorandum. c. Response to Issues, Recommendation and Rationale: After a careful review of the Applicants available records...