Applicant Name: ?????
Application Receipt Date: 08/07/22 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 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: 061030
Discharge Received: Date: 070111 Chapter: 12-1d AR: NGR 600-200
Reason: Acts or Patterns of Misconduct RE: SPD: NA Unit/Location: 1687th Transportation C., Mississippi Army National Guard, Southaven, MS
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: 051112 Current ENL Term: 6 Years ?????
Current ENL Service: 01 Yrs, 01Mos, 30Days ?????
Total Service: 07 Yrs, 02Mos, 13Days ?????
Previous Discharges: ADT-030610-030826/HD
OAD-040809-060126/HD
Highest Grade: E4 Performance Ratings Available: Yes No
MOS: 19K10 Armor Crewman GT: 102 EDU: HS Grad Overseas: None Combat: Kuwait/Iraq 050113-051229
Decorations/Awards: NDSM-2, ASR, OSR, AFRM, GWOTSM, ICM.
V. Post-Discharge Activity
City, State: Coldwater, MS
Post Service Accomplishments: Not Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record indicates that on 30 October 2006, the unit commander notified the applicant of initiation of separation action under the provisions of paragraph 12-1d, AR 135-178, by reason of acts or patterns of misconduct for wrongful use of illegal of drugs for having tested positive for marijuana (060722), with a general under honorable conditions discharge. The discharge packet was mailed to the applicant via certified mail to let him know of his rights, however, it was returned as undeliverable. The intermediate commander recommended separation with a general under honorable conditions discharge. The record does not contain the separation authority's memorandum approving the speration action, however, it 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 8-35i(1), 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 of the U.S. Army Reserve and Army National Guard. Chapter 8 of NGR 600-200 covers, in pertinent part, discharge and separation of enlisted personnel for misconduct due to acts or pattern of misconduct. Specific categories include minor disciplinary infractions, pattern or acts of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or absence without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed. Army policy states that an under other than honorable conditions discharge is normally considered appropriate, however, a general under honorable conditions or an honorable discharge may be granted.
c. Response to Issues, Recommendation and Rationale:
After carefully examining the applicants record of service during the period of enlistment under review and the issue and documents he submitted, 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. The analyst noted the applicants contentions; however, the evidence was not sufficiently mitigating to warrant an upgrade of the discharge under review. Furthermore, the record does not support the applicants contention that he suffers from Post Traumatic Stress symptoms and no evidence to support it has been submitted by the applicant, that his discharge was the result of any medical condition. 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: 17 September 2007 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 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
Issue a new DD Form 214 Colonel, U.S. Army
Change Characterization to: President, Army Discharge Review Board
Change Reason to:
Other: NA
RE Code:
Grade Restoration: No Yes Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20080011511
______________________________________________________________________________
Page 1 of 3 pages
ARMY | DRB | CY2008 | AR20080018618
This document 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, with a characterization of service of general, under honorable conditions, and a reenlistment eligibility (RE) code of "3." The evidence of record shows the applicant was discharged under the provisions of Chapter 8, paragraph 8-26e(2), NGR 600-200, by reason of misconductacts or patterns of misconduct, with a characterization of...
ARMY | DRB | CY2009 | AR20090010702
Applicant Name: ????? The evidence of record shows the applicant was discharged under the provisions of Chapter 8, paragraph 8-35(i)(1), NGR 600-200, by reason of act or patterns of misconduct with a characterization of service of general, under honorable conditions. 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...
ARMY | DRB | CY2008 | AR20080010915
Applicant Name: ????? 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. Board Discussion, Determination, and Recommendation After carefully examining the applicants record of service during the period of enlistment...
ARMY | DRB | CY2008 | AR20080011956
Applicant Name: ????? On 12 October 2006, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. 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...
ARMY | DRB | CY2008 | AR20080007909
The evidence of record shows the applicant was discharged under the provisions of Chapter 8, paragraph 8-26e(2), NGR 600-200, by reason of acts or a pattern of misconduct with a characterization of service of general, under honorable conditions. 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...
ARMY | DRB | CY2006 | AR20060011659
This document indicates that the applicant was discharged from the Army National Guard of the state of New Jersey and as a Reserve of the Army under the provisions of Paragraph 8-27q, NGR 600-200, by reason of acts or patterns of misconduct, with a charactaerization of service of under other than honorable conditions, with a RE code of "3". The evidence of record shows on the applicant's DD Form 214 that he was discharged under the provisions of Chapter 8, Paragraph 8-26q, NGR 600-200, by...
ARMY | DRB | CY2007 | AR20070011878
Applicant Name: ????? Original Character of Discharge Unit CDR Recommended Discharge: Date: 040919 Discharge Received: Date: 050515 Chapter: 8-26e(2) NGR: 600-200 Reason: Acts or Patterns of Misconduct RE: SPD: NA Unit/Location: 972d Military Police Co (716), Melrose, MA Time Lost: None Article 15s (Charges/Dates/Punishment): None Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. The intermediate commanders reviewed the proposed discharge action and...
ARMY | DRB | CY2009 | AR20090001502
Applicant Name: ????? 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. 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...
ARMY | DRB | CY2006 | AR20060011672
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. Therefore, the reason for discharge and the characterization of service remains both proper and equitable. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: None Other: Thru: Chief, National Guard Bureau Date: 29 August...
ARMY | DRB | CY2009 | AR20090000708
I have dedicated the last 24 years on my life the the US Military. I requested, through my counsel at the time, a board by First Army, but was denied. Discharge Under Review Unit CDR Recommended Discharge: Date: NIF Discharge Received: Date: 080121 Chapter: 8-35i(1) & Chapter 12 AR: NGR 600-200 & AR 135-178 Reason: Acts or Pattern of Misconduct RE: SPD: NA Unit/Location: 1049th Transportation Co, Seaford, DE Time Lost: None Article 15s (Charges/Dates/Punishment): None Courts-Martial...