Applicant Name:  ?????

Application Receipt Date: 2008/07/02	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 and supporting 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: Not In File (NIF)
Discharge Received: 			   Date: 940706   Chapter: 8-26q    AR: NGR 600-200
Reason: Acts or Pattern of Misconduct - Abuse of Illegal Drugs	   RE:     SPD: NA   Unit/Location: B Co, 949th Support Bn, Fort Worth, TX 

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:  41
Current ENL Date: 920804    Current ENL Term: 3 Years  ?????
Current ENL Service: 	01 Yrs, 11Mos, 03Days ?????
Total Service:  		20 Yrs, 08Mos, 21Days ?????
Previous Discharges: 	USMC 720223-760223/HD
                                       RA 780926-820925/HD
                                       USAR 850714-890217/NA
                                       USAR 890218-910713/HD
Highest Grade: E-6		Performance Ratings Available: Yes    No 
MOS: 55B/Ammunition Spc   GT: 97   EDU: HS Grad   Overseas: Vietnam   Combat: Vietnam (721028-730215)
Decorations/Awards: AGCM, NDSM, VSM-1BSS, VCGUC, ASR, OSR

V.  Post-Discharge Activity
City, State:  Fort Worth, TX
Post Service Accomplishments: Has completed a 9-month residential treatment program at the VA Health Care System, now at 7 years of sobriety, enrolled in community college.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence shows 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 of the State Texas.  The evidence indicates that on 7 July 1994, HQ, Military Department, State of Texas, Office of the Adjutant General, Austin, Texas, Orders 128-225, discharged the applicant from the Army National Guard and as a Reserve of the Army, effective date 6 July 1994, with an under other than 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 8-26q, NGR 600-200, by reason of acts or patterns of misconduct – illegal use of drugs, with a characterization of service of under other than other 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 8-26q (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 applicant’s available military records for the period of enlistment under review, the issue and documents he submitted with his application, 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 State of Texas Army National Guard and as a Reserve of the Army.  However, the record does contain a properly constituted NGB Form 22 (Report of Separation and Record of Service), which indicates that the applicant was unavailable for signature.  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 under the provisions of Chapter 8, paragraph 8-26q, NGR 600-200, by reason of acts or pattern of misconduct-abuse of illegal drugs with a characterization of service of under other than 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 applicant’s accomplishments in reference to his successful completion of the rehabilitation program and his seven years of sobriety; however, the evidence was not sufficiently mitigating to warrant an upgrade of the discharge under review.  Furthermore, 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.  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: 24 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 2    No change 3
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 AR20080010978
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