Applicant Name:  ?????

Application Receipt Date: 2008/09/08	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The Applicant states:  "I am trying get a job and this is standing in the way. I failed the drug test. And at the time anyone under the rank of E-5 was not offed drug consuls and was discharged. If you will look @ The National Criminal record Report attached you see I have never been in trouble. I have been clean ever sense and learned a lesson. and after 2 years I could have went back in the guard or army. Please help."

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: 960118   Chapter: 8-26    AR: NGR 600-200
Reason: Acts or Pattern of Misconduct	   RE:     SPD: NA   Unit/Location: HHT, 2-287 ACR, Athens, TN 

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:  30
Current ENL Date: 901214    Current ENL Term: 6 Years  ?????
Current ENL Service: 	05 Yrs, 01Mos, 05Days ?????
Total Service:  		12 Yrs, 02Mos, 27Days ?????
Previous Discharges: 	IADT 910915-911120/HD
                                       ANG 800103-810809/HD
                                       ARNG 780502-800102/HD
                                       ARNG 770513-780215/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 19E10/M60 Tank Crewmember   GT: 107   EDU: GED   Overseas: SWA   Combat: SWA (910923-911116)
Decorations/Awards: NDSM, KLM, SWA-BSS, ARCAM, ASR 

V.  Post-Discharge Activity
City, State:  Hillsboro, TX
Post Service Accomplishments: None listed

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 of Tennessee.  The evidence indicates that on 18 January 1996, HQ, Military Department, State of Tennessee, Houston Barracks, Nashville, TN, Orders 12-63, discharged the applicant from the Army National Guard, effective date 18 January 1996, with a general under honorable conditions discharge and transferred him to the USAR Control Group to complete his statutory obligation.  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 8-26, 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."

       b.  Legal Basis for Separation:  
       National Guard Regulation (NGR) 600-200 and Army Regulation 135-78 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.  Army policy states that an under other than honorable conditions discharge is normally considered appropriate, but a general discharge under honorable conditions or an honorable discharge may be granted.  

       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, 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 Tennessee Army National Guard.  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 patterns of misconduct 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, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.”  If the applicant desires to reenlist, he should contact the local recruiter to determine his eligibility to reenlist.  Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes.  Additionally, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  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: 10 June 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 AR20080015243
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