Search Decisions

Decision Text

ARMY | DRB | CY2009 | AR20090001502
Original file (AR20090001502.txt) Auto-classification: Denied
Applicant Name:  ?????

Application Receipt Date: 2008/12/22	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: 070226
Discharge Received: 			   Date: 070402   Chapter: 8-35i(1)       AR: NGB 600-200
Reason: Acts or Patterns of Misconduct	   RE:     SPD: NIF   Unit/Location: HHD, 347th RSG (-), Roseville, MN 

Time Lost: NIF

Article 15s (Charges/Dates/Punishment): NIF

Courts-Martial (Charges/Dates/Punishment): NIF

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  25
Current ENL Date: 050107    Current ENL Term: 6 Years  ?????
Current ENL Service: 	02 Yrs, 02Mos, 26Days ?????
Total Service:  		02 Yrs, 02Mos, 26Days ?????
Previous Discharges: 	RA 050131-050715/HD (Concurrent Service)
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 25C10/Radio Operator Maintainer   GT: 102   EDU: HS GRAD   Overseas: None   Combat: None
Decorations/Awards: ASR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: Character reference letter states the applicant has worked the last 3 1/2 years as a security guard.












 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 6 January 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 12, paragraph12-1c, AR 135-178, by reason of misconduct—for testing positive for marijuana, with a general, under honorable conditions discharge.  The applicant was advised of his right to consult with legal counsel, and did not submit a statement in his own behalf.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts. On 2 April 2007, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions.

       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.  Misconduct discharges 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, must refer to AR 135-178, Chapter 12 for specific discharge procedures.?????

       c.  Response to Issues, Recommendation and Rationale:  
       After carefully examining the applicant’s record of service during the period of enlistment under review and the issue and documents submitted with the application, the analyst noted the applicant's issue; however, 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.  Furthermore, 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.  Therefore, the analyst determined the reason for discharge and the characterization of service 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: 16 October 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: No Change
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090001502
______________________________________________________________________________


Page 1 of 3 pages

Similar Decisions

  • ARMY | DRB | CY2008 | AR20080007515

    Original file (AR20080007515.txt) Auto-classification: Denied

    Applicant Name: ????? It indicates that the applicant was discharged under the provisions of Paragraph 8-26e(1), NGR 600-200, by reason of conviction by civil court, with a characterization of service of general, under honorable conditions, and a reenlistment eligibility (RE) code of "3." 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...

  • ARMY | DRB | CY2009 | AR20090010702

    Original file (AR20090010702.txt) Auto-classification: Denied

    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 applicant’s record of service during the period of enlistment under review, hearing his testimony and considering the analyst’s recommendation...

  • ARMY | DRB | CY2008 | AR20080011511

    Original file (AR20080011511.txt) Auto-classification: Denied

    Applicant Name: ????? 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. It indicates that the applicant was discharged under the provisions of...

  • ARMY | DRB | CY2006 | AR20060011672

    Original file (AR20060011672.txt) Auto-classification: Approved

    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 | CY2007 | AR20070013592

    Original file (AR20070013592.txt) Auto-classification: Denied

    Applicant Name: ????? Were Proper Discharge and Separation Authority procedures followed? An enlisted member separated for misconduct which includes unsatisfactory participation will normally be furnished a characterization of service of under other than honorable conditions in accordance with Army Regulation 135-178. 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...

  • ARMY | DRB | CY2008 | AR20080004071

    Original file (AR20080004071.txt) Auto-classification: Denied

    It indicates that the applicant was discharged under the provisions of Appendix A Para 1-26(k)/Paragraph 8-26(k), NGR 600-200, by reason of unsatisfactory participation 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 8-26(k), NGR 600-200, by reason of unsatisfactory participation with a general, under honorable...

  • ARMY | DRB | CY2008 | AR20080001243

    Original file (AR20080001243.txt) Auto-classification: Denied

    The record does contain a properly constituted Order which indicates that the applicant was discharged for Misconduct-Abuse of Illegal drugs. The evidence of record shows the applicant was discharged by reason of misconduct-abuse of illegal drugs with a characterization of service of general, under honorable conditions. 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....

  • ARMY | DRB | CY2008 | AR20080012279

    Original file (AR20080012279.txt) Auto-classification: Denied

    Applicant Request: Upgrade Reason Change RE Code Change Issues: The Applicant states, "I was discharged from the Mississippi National guard while in basic training for chapter 15, paragraph 15-3b, AR 635-200, (homosexual conduct. Discharge Under Review Unit CDR Recommended Discharge: NIF Date: NIF Discharge Received: Date: 030512 Chapter: 8-26h AR: NGR 600-200 Reason: Homosexuality RE: SPD: NIF Unit/Location: HHC, 2D BN 198th Armor, Senatobia, MS Time Lost: None Article 15s...

  • ARMY | DRB | CY2008 | AR20080010915

    Original file (AR20080010915.txt) Auto-classification: Denied

    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 applicant’s record of service during the period of enlistment...

  • AF | DRB | CY2007 | AR20070008294

    Original file (AR20070008294.txt) Auto-classification: Denied

    Original Character of Discharge Unit CDR Recommended Discharge: Date: NIF Discharge Received: Date: 011201 Chapter: 8 NGR: 600-200 Reason: Acts or Patterns of Misconduct (The applicant NGB Form 22 reads "First Time Drug Offender") RE: SPD: NA Unit/Location: B Battery, 2d Battalion, 110th Field Artillary, 29th Infantry Division, 610 Reisterstown, MD 21208-5197 (WPHGTO-550) Time Lost: None Article 15s (Charges/Dates/Punishment): None Court-Martials (Charges/Dates/Punishment): None Counseling...