Applicant Name:  ?????

Application Receipt Date: 2008/11/12	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 and attached 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: NIF
Discharge Received: 			   Date: 020821   Chapter: 8-26e(2)       NGR: 600-200
Reason: Acts or Patterns of Misconduct	   RE:     SPD: NA   Unit/Location: A Co, 1/133d Inf, Dubuque, IA 

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:  23
Current ENL Date: 821227    Current ENL Term: 1 Years  Records show that the applicant extended his period of enlistment 6 years (911020), 1 year (941227), 1 year (001030), and 6 years (010915), giving the applicant an ETS date of 071226
Current ENL Service: 	19 Yrs, 07Mos, 25Days ?????
Total Service:  		25 Yrs, 00Mos, 07Days ?????
Previous Discharges: 	USAR-770815-770825/NA
                                       RA-770826-800825/HD
                                       USARCG-800826-821226/NA
                                       OAD-830223-831130/HD
                                       (Concurrent Service)

Highest Grade: E6		Performance Ratings Available: Yes    No 
MOS: 11B20/Infantryman   GT: 116   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: AGCM, ARCAM-4, ASR, NDSM, AFRM, NCOPDR-2, 

V.  Post-Discharge Activity
City, State:  Camanche, IA
Post Service Accomplishments: None Listed








VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The complete facts and circumstances pertaining to the applicant’s discharge from the State of Iowa Army National Guard and as a Reserve of the Army are not contained in the available records.  However, the record does contain the applicant's unsigned Request for Conditional Waiver, which shows he was advised of his rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, unconditionally waived his right to an administrative separation board, and did not submit a statement in his own behalf.  Records show that the unit commander requested that the applicant be discharge with a general, under honorable conditions, in accordance with AR 135-178, paragraph 12-1d, from the Army National Guard for misconduct-abuse of illegal drugs, for his testing positive for THC on 2 February 2002.  Memorandums dated 8 September 2002 and 10 Sepember 2002, show that the intermediate commanders request that the applicant be discharged.  The commander's notification memorandum and the separation authorities memorandum directing that the applicant be discharge with a characterization of service of general, under honorable conditions is not contained in the available record and the analyst presumed government regularity in the discharge process.  Further, evidence shows a properly constituted NGB Form 22 (Report of Separation and Record of Service), which the applicant was unavailable for signature.  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 also shows that on 4 October 2002, Headquarters Iowa National Guard, Office of the Adjutant General, Johnston, Iowa, Orders 195-066, discharged the applicant from the Army National Guard and as a Reserve of the Army, effective date: 21 August 2002, with a general, under honorable conditions discharge.

       b.  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.  Chapter 8 of NGR 600-200 covers, in pertinent part, reasons for discharge and separation of enlisted personnel from the State Army National Guard and as a Reserve of the Army.  The regulation defines misconduct by reason of one or more of the following:  minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, abuse of illegal drugs, and conviction by civil authorities.

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s available military records during the period of enlistment under review, the issues 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 complete facts and circumstances concerning the events that led to his discharge from the Army National Guard State of Iowa 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 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 8-26e(2), NGR 600-200, by reason of misconduct—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.  By his misconduct the applicant diminished the quality of his service below that meriting a honorable discharge.  Furthermore, the analyst noted the applicant's issues, however,the applicant, by violating the Army's policy not to possess or use illegal drugs, compromised the special trust and confidence placed in a non-commissioned officer (NCO).  The applicant, as a NCO, 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 the misconduct diminished the quality of service below that meriting a fully honorable discharge.  Further, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.”  If reenlistment is desired, the applicant should contact the local recruiter to determine 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 analyst noted the applicant's issue reference restoring of his pay grade to sergeant E5, this correction does not fall within the purview of this Board.  The applicant may apply to the Army Board for Correction of Military Records (ABCMR), utilizing DD Form 149 regarding this matter.  An application for that Board is enclosed.  In view of the foregoing, the analyst determined that the reason for discharge, the characterization of service, and the reentry eligibility (RE) code 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: 24 August 2009         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: Yes

Witnesses/Observers: None 

Exhibits Submitted: None

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review, hearing his testimony, 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 AR20080018618
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