Applicant Name:  ?????

Application Receipt Date: 2008/06/26	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: 	NIF   Date: NIF
Discharge Received: 			   Date: 061001   Chapter: 8-35h     AR: NGR 600-200
Reason: Alcohol or other Substance Abuse Rehalibitation Failure	   RE:     SPD: NA   Unit/Location: A Co, 1-125 IN Bn, Detroit, MI 

Time Lost: None

Article 15s (Charges/Dates/Punishment): NIF

Courts-Martial (Charges/Dates/Punishment): NIF

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: 050408    Current ENL Term: 6 Years  ?????
Current ENL Service: 	01 Yrs, 05Mos, 24Days ?????
Total Service:  		01 Yrs, 05Mos, 24Days ?????
Previous Discharges: 	ARNG-050408-050517/NA
                                       IADT-050518-050902/HD
                                         (Concurrent Service)
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 11B10 Infantryman   GT: NIF   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR

V.  Post-Discharge Activity
City, State:  Detroit, MI
Post Service Accomplishments: The applicant submitted a document which shows he completed the Flip the Script Program on 20 November 2006, and entered several other self improvement programs.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
             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 State of Michigan and assignment to the USAR Control Group (IRR).  However, the record does contain a properly constituted NGB Form 22 (Report of Separation and Record of Service), which the applicant was unavailable for signature.  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 rehalibitation failure, with a characterization of service of general, under honorable conditions, and a reenlistment eligibility (RE) code of "3."  On 15 November 2006, State of Michigan, Department of Military and Veterans Affairs, Lansing, Michigan, Orders 319-022, discharged the applicant from the Army National Guard and assignment to the USAR Control Group (IRR), effective date:  1 October 2006, 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.  Chapter 11 contains the authority and outlines the procedures for discharging individuals because of alcohol or other drug abuse.  A member who has been referred to the Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) for alcohol/drug abuse may be separated because of inability or refusal to participate in, cooperate in, or successfully complete such a program if there is a lack of potential for continued Army service and rehabilitation efforts are no longer practical.  Army policy states that an honorable or general discharge is authorized, except when service is uncharacterized for Soldiers in entry level status.  However, an honorable discharge is required if restricted use information is used in the discharge process.

       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 issues and documents 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 Army National Guard State of Michigan and assignment to the USAR Control Group (IRR).  However, the records does contain a properly constituted NGB Form 22 (Report of Separation and Record of Service), which the applicant was unavailable for signature.  This document identifies the reason and characterization of the discharge and the analyst presumed Government regularity in the discharge process.  The evidence of record further shows that the applicant was discharged under the provisions of Chapter 8, paragraph 8-35h, NGR 600-200, by reason of alcohol or other substance abuse rehalibitation failure, 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 analyst noted the applicant's issue and the many accomplishments outlined in the documents with the application.  However, in review of the applicant’s available service record, the analyst found that these accomplishments did not overcome the reason for discharge and characterization of service granted.  Further, the analyst determined that the applicant’s 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.  If the applicant desires to appear before a personal appearance Board, the burden of proof remains with the former Soldier to provide the appropriate documents or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board’s consideration.  In view of the foregoing, the analyst determined that reentry eligibility (RE) code, the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief. 

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 8 April 2009         Location: Washington, DC

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 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: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080010811
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