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ARMY | DRB | CY2008 | AR20080010915
Original file (AR20080010915.txt) Auto-classification: Denied
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.  Soldier’s 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 applicant’s 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 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: NA
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080010915
______________________________________________________________________________


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