Applicant Name: ?????
Application Receipt Date: 2008/04/16 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 and attached documents submitted 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: NIF
Discharge Received: Date: 070430 Chapter: 8-35h AR: NGR 600-200
Reason: Alcohol or Other Substance Abuse Rehabilitation Failure RE: SPD: NIF Unit/Location: C Co, 2nd Bn (M), 152nd Inf, New Castle, IN
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: 17
Current ENL Date: 020530 Current ENL Term: 6 Years ?????
Current ENL Service: 4 Yrs, 11Mos, 01Days ?????
Total Service: 4 Yrs, 11Mos, 01Days ?????
Previous Discharges: OADT 040202-041222/HD
OADT 030526-030912/HD
Highest Grade: E-4 Performance Ratings Available: Yes No
MOS: 11B10/Infantryman GT: NIF EDU: HS GRAD Overseas: Balkans Combat: None
Decorations/Awards: MESM, IOSR, IOCONUSR, NATO, OSR, ARCOM, ARCAM, AAM, ARFEM, HSM, ASR, NDSM
V. Post-Discharge Activity
City, State: ?????
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 Indiana. The evidence indicates that on 13 June 2007, Joint Forces Headquarters Indiana, 2002 South Holt Road, Indianapolis, Indiana,Orders 164-036 discharged the applicant from the Army National Guard and as a Reserve of the Army, effective date 30 April 2007, with a General, Under Honorable Conditions discharge. 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 8-35h, NGR 600-200, by reason of Alcohol or other substance abuse rehabilitation failure, 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 8-35h of that regulation provides in pertinent part that individuals can be separated for alcohol or other substance abuse failure.
c. Response to Issues, Recommendation and Rationale:
After a careful review of all the applicants available records for the period of enlistment under review, and the issue he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The facts and circumstances pertaining to the applicants discharge are not contained in the available records. On 13 June 2007, Joint Forces Headquarters Indiana, 2002 South Holt Road, Indianapolis, Indiana,Orders 164-036 discharged the applicant from the Army National Guard and as a Reserve of the Army, effective date 30 April 2007, with a General, Under Honorable Conditions discharge. 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 8-35h, NGR 600-200, by reason of alcohol or other substance abuse rehabilitation failure, with a characterization of service of General, Under Honorable Conditions, and a reenlistment eligibility (RE) code of "3." The analyst noted the applicants issue and determined that the applicant had many legitimate avenues through which to obtain assistance or relief, without committing the misconduct, which led to the separation action under review. Furthermore, the method in which another soldiers case was handled is not relevant to the applicants case. Applicable regulations state that each case must be decided on an individual basis considering the unique facts and circumstances of that particular case. With regard to reenlistment, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of 3. If reenlistment is desired, the applicant should contact the local recruiter to determine eligibility to reenlist. Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes. 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: 22 June 2009 Location: Chicago, IL
Did the Applicant Testify? Yes No
Counsel: None
Witnesses/Observers: None
Exhibits Submitted: None
VIII. Board Discussion, Determination, and Recommendation
After carefully examining the applicants record of service during the period of enlistment under review, hearing his testimony and considering the analysts recommendation and rationale, the Board determined that the discharge was both proper and equitable, 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
X. 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 DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20080005836
______________________________________________________________________________
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