Applicant Name:  ?????

Application Receipt Date: 2009/01/09	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "I was assigned to the 721st Trp CMD, DEARNG as the Full Time Battalion Operations NCO (AGR) and 1SG of the 1049th Transportation Co on the M-Day side. I joined the DEARNG on 19 AUG 1996 and never had so much as a bad counseling statement.  I received 4 awards of the ACM, 2 Awards of the AAM and numerous letters of Commendation. I have dedicated the last 24 years on my life the the US Military. On. 19 JUL 2007 I misteriously tested positive for cocain and was removed from my position and given an Honorable separation from Active Duty, only to receive an General discharge from the Delaware Army National Guard and transferred to the retired reserve for the same period of service for which I had received an Honorable separation for during my period of Active Duty (AGR). I was separated from AD on 17 OCT 2007 (Honorable), transferred back to the DEARNG and then discharged from the National Guard on 21 JAN 2008. (General) under honorable conditions. I requested, through my counsel at the time, a board by First Army, but was denied. My counsel or myself did not feel I could receive a fair and impartial board at the state level. That is why I requested retirement, however I had no idea that my discharge from the National Guard would differ from Active Duty as they were for the same time period. There was no board action and none of this was ever proven either way. I was and still am a Highly professional and dedicated NCO and under no circumstance knowingly used any controlled substance at any time during my career.  I feel that I still have much knowledge to offer junior Soldiers and wish to be given the chance to some day continue military service. The Military is a way of life for myself and family as my wife is also in the ARNG. Thank you in advance for your consideration in this matter."

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: 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 (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  35
Current ENL Date: 060821    Current ENL Term: NIF Years  ?????
Current ENL Service: 	11 Yrs, 05Mos, 02Days ?????
Total Service:  		23 Yrs, 05Mos, 02Days ?????
Previous Discharges: 	ARNG 791119-910108/HD
                                        ARNG 910109-010708/NA
                                            RA 010709-071017/HD
Highest Grade: E8		Performance Ratings Available: Yes    No 
MOS: 11Z50/Infantry Senior SGT   GT: NIF   EDU: NIF   Overseas: NIF   Combat: None
Decorations/Awards: ARCOM x4, AAM x3, ARCAM x3, NDSM x2, GWOTSM, ASR, AFRM x2, MOVSM

V.  Post-Discharge Activity
City, State:  Delmar, DE
Post Service Accomplishments: None submitted by the applicant.

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 Delaware. 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 8-35i(1), NGR 600-200, and Chapter 12, AR 135-178; 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 135-78 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 8-26q (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 records for the period of enlistment under review, and the issue 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 Army National Guard and the Reserve of the Army.  The applicant’s record contains a properly constituted NGB Form 22 (Report of Separation and Record of Service) which identifies the reason and characterization of the discharge and the analyst presumed Government regularity in the discharge process.  The applicant’s NGB Form 22 shows the applicant, was discharged under the provisions of paragraph 8-35i(1), NGR 600-200 and Chapter 12, AR 135-178; by reason of acts or patterns of misconduct with a general, under honorable conditions discharge.  The analyst noted the applicant's issue and determined that the applicant’s Official Military Personnel File (OMPF) does not contain all the specific documents that would indicate the reason for the separation action from the United States Army.  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 recommends 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: 25 November 2009         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 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: No Change
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090000708
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