Applicant Name:  ?????

Application Receipt Date: 2010/10/05	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he was young and immature at 18.  After testing positive for marijuana he made a poor decision not to attend ASAP classes.  At the time he wanted out of the National Guard; consequently, he was discharged with a general, under honorable conditions discharge.  He regrets his bad decision and hopes to erase it from his past.  He is currently a law enforcement officer with a wife and 3 children; he has no criminal record and has not used illegal substances since he was discharged. 

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: 980814   Chapter: 8-26e(2)     AR: NGR 600-200
Reason: Acts or Patterns of Misconduct	   RE:     SPD: NA   Unit/Location: 250th SPT BN (FWD), NJ ARNG, Sea Girt, NJ 

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:  17
Current ENL Date: 19970108    Current ENL Term: 8 Years  ?????
Current ENL Service: 	1 Yrs, 7 Mos, 7 Days ?????
Total Service:  		1 Yrs, 7 Mos, 7 Days ?????
Previous Discharges: 	None
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: None   GT: 85   EDU: GED   Overseas: None   Combat: None
Decorations/Awards: None

V.  Post-Discharge Activity
City, State:  Culpeper, VA
Post Service Accomplishments: States he is currently employed as a law enforcement officer.










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 which led to his discharge from the New Jersey Army National Guard.  The record indicates that on 19 August 1998, State of New Jersey, Department of Military and Veterans Affairs, Trenton, New Jersey, Orders number 231-018, discharged the applicant from the NJ ARNG, effective 14 August 1998, with a general, under honorable conditions discharge.  The record contains a properly constituted Order which indicates the applicant was discharged under the provisions of NGR 600-200, paragraph 8-26e(2)(a), with a characterization of service of general, under honorable conditions. 
       
        The record contains a properly constituted NGB Form 22 (Report Of Separation And Record Of Service), which was not authenticated by the applicant.  The NGB Form 22 indicates the applicant was discharged under the provisions of orders 231-018 and Chapter 8-26e(2), NGR 600-200, by reason of acts or patterns of misconduct, with a characterization of service of general, under honorable conditions.  Furthermore, the NGB Form 22 shows a reentry eligibility (RE) code of "3."   

       b.  Legal Basis for Separation:  
             Army National Guard Regulation 600-200 governs procedures covering enlisted personnel management of the Army National Guard, the policies, standards, and procedures to ensure the readiness and competency of the U.S. Army while providing for the orderly administrative separation of Army National Guard enlisted Soldiers for a variety of reasons. The separation policies throughout the different Chapters in this regulation promote the readiness of the Army by providing an orderly means to judge the suitability of persons to serve on the basis of their conduct and their ability to meet required standards of duty performance and discipline.  Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, and convictions by civil authorities.  The characterization is based upon the quality of the Soldier’s service, including the reason for separation and determined in accordance with standards of acceptable personal conduct and performance of duty as found in the UCMJ, Army Regulations, and the time-honored customs and traditions of the Army.  The reasons for separation, including the specific circumstances that form the basis for the discharge are considered on the issue of characterization.  Possible characterizations of service include an honorable, general, under honorable conditions, under other than honorable conditions, or uncharacterized, if the Soldier is in entry-level status.  However, the permissible range of characterization varies based on the reason for separation.
       

       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, the issue and documents submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the applicant's discharge.
         
       The evidence shows the applicant’s record is void of the specific facts and circumstances concerning the events which led to his discharge from the New Jersey Army National Guard.  The record indicates that on 19 August 1998, State of New Jersey, Department of Military and Veterans Affairs, Trenton, New Jersey, Orders number 231-018, discharged the applicant from the NJ ARNG, effective 14 August 1998, with a general, under honorable conditions discharge.  The record contains a properly constituted Order which indicates the applicant was discharged under the provisions of NGR 600-200, paragraph 8-26e(2)(a), with a characterization of service of general, under honorable conditions. 
       
        The record contains a properly constituted NGB Form 22 (Report Of Separation And Record Of Service), which was not authenticated by the applicant.  The NGB Form 22 indicates the applicant was discharged under the provisions orders 231-018 and Chapter 8-26e(2), NGR 600-200, by reason of acts or patterns of misconduct, with a characterization of service of general, under honorable conditions.  Furthermore, the NGB Form 22 shows a reentry eligibility (RE) code of "3."   
       
       The applicant's contentions were carefully considered.  However, the analyst is unable to determine whether these contentions have merit because the facts and circumstances leading to the discharge are unknown.  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.  If the applicant desires a personal appearance hearing, it will still be his responsibility to meet the burden of proof since the evidence is not available in the official record.
       
       Therefore, based on the available evidence, the analyst presumes government regularity in the discharge process and concludes that it appears 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: 27 June 2011         Location: Washington, D. C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: DD Form 293 with a self-authored statement, 2 referral letters one to the ABCMR from NJ ARNG, and a second letter refering the applicant to ADRB discharge orders, and a NGB Form 22.

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







Legend:
AWOL    	Absent Without Leave		GCM   General Court Martial	NA   Not applicable			SCM	Summary Court Martial
BCD   	Bad Conduct Discharge	GD      General Discharge	NIF   Not in the file			SPCM	Special Court Martial
CG 	Company Grade Article 15	HD      Honorable Discharge	OAD   Ordered to Active Duty		UNC	Uncharacterized Discharge  
DD 	Dishonorable Discharge	HS       High School Graduate	OMPF   Official Military Personnel File	UOTH  	Under Other Than Honorable 
FG	Field Grade Article 15		IADT   Initial Active Duty Training	RE     Reentry Code				Conditions 

ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20100025127
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