Applicant Name: ?????
Application Receipt Date: 2008/07/02 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: The applicant submitted no issues of equity or propriety to be considered by the Board.
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: 021113 Chapter: 8-26e(a) AR: NGR 600-200
Reason: Acts or Pattern of Misconduct-Drug Abuse RE: SPD: NA Unit/Location: Det 1, 32d Army Air & Missile Defense Command, Orlando, FL
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: 19
Current ENL Date: 980731 Current ENL Term: 7 Years 44 weeks
Current ENL Service: 04 Yrs, 03Mos, 14Days ?????
Total Service: 04 Yrs, 05Mos, 00Days ?????
Previous Discharges: USMC 970905-970710/UNC
Highest Grade: E-3 Performance Ratings Available: Yes No
MOS: 92G10/Food Svc Spc GT: 96 EDU: HS EQ Overseas: None Combat: None
Decorations/Awards: ASR
V. Post-Discharge Activity
City, State: Chula Vista, CA
Post Service Accomplishments: None listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The available evidence of record shows that the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 12, AR 135-178, by reason of acts or pattern of misconduct for wrongful use of illegal drugs, with a general under honorable conditions discharge. The applicant was notified through a certified letter of his right to consult with legal counsel, and was advised of the impact of the discharge action. He did not submit a statement in his own behalf. The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general under honorable conditions discharge. The document in which the separation authority approved the discharge is not contained in the available record. On 13 November 2002, HQ, Military Department, State of Florida, Office of the Adjutant General, St. Augustine, FL, Orders P317-017, discharged the applicant from the Army National Guard and as a Reserve of the Army, effective date 13 November 2002, 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 8-26e(2), NGR 600-200, by reason of acts or patterns of misconduct illegal use of 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 135-178 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 carefully examining the applicants record of service during the period of enlistment under review, the analyst determined that the discharge was both proper and equitable. The applicant, by violating the Army's policy not to possess or use illegal drugs, 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. Therefore, the analyst determined 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: 10 April 2009 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
X. Board Action Directed 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 AR20080010915
______________________________________________________________________________
Page 1 of 2 pages
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