Applicant Name:  ?????

Application Receipt Date: 2012/02/22	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states:  “I WAS PROUD TO SERVE AND STILL AM PROUD THAT I SERVED IN THE UNITED STATES ARMY. IT WAS THE BEST DECISION I EVER MADE: IT TAUGHT ME TO BE A MAN, HOW TO FOCUS, HOW TO SET GOALS; AND HOW TO SUCCEED UNDER LESS THAN FAVORABLE CIRCUMSTANCES. HOWEVER SOME DECISIONS MADE DURING MY SERVICE AND IN MY, YOUTH WERE AND ARE REGRETTABLE ALL I CAN SAY FOR THIS NOW IS THAT I LEARNED A VALUABLE LIFE LESSON MY MISTAKE TEMPORARILY.”

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   None

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: NIF
Discharge Received: 			   Date: 031030   Chapter: 8-26e(2)    AR: NGR 600-200
Reason: Acts or Patterns of Misconduct	   RE:     SPD: NA   Unit/Location: 1257th Trans Co, Huntington, WV 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 030813, wrongfully used cocaine (030712-030721), reduction to E-1, forfeiture of $575 for two months, 45 days of extra duty and restriction (FG)

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 010906    Current ENL Term: 8 Years  ?????
Current ENL Service: 	02 Yrs, 01 Mos, 25 Days ?????
Total Service:  		02 Yrs, 01 Mos, 25 Days ?????
Previous Discharges: 	IADT 011017-020315/UNC
                                      OAD 030315-030914/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 88M10/Motor Trans Opr   GT: NIF   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, GWOTSM, AFRM-M, ASR

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

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The facts and circumstances pertaining to the applicant’s discharge are not contained in the available records.  
       
       On 7 November 2003, the Office of the Adjutant General, State of West Virginia, Charleston, WV, published Orders 311-615, discharging the applicant from the Army National Guard and as a Reserve of the Army, effective 30 October 2003.  The record contains a properly constituted NGB Form 22 (Report of Separation and Record of Service), indicating discharge under the provisions of Chapter 8, Paragraph 8-26e(2), NGR 600-200, by reason of act or patterns of misconduct, with a characterization of service of general, under honorable conditions, and a reentry code of 3.
       
       On 30 October 2003, the applicant was discharged.  At the time of discharge, the applicant had completed 2 years, 1 month, and 25 days of total military service in the period under review.
       
       On 11 January 2012, the Office of the Adjutant General, State of West Virginia, reviewed the applicant’s discharge and determined that he had been properly discharged and denied his appeal for a change in the discharge.

       b.  Legal Basis for Separation:  
       Legal/Regulatory Basis for Separation Action:  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.  Paragraph 8-26e(2), NGR 600-200, specifically provides for separation for acts or patterns of misconduct.  

       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 which led to his discharge from the State of Oregon Army National Guard and a Reserve of the Army.  However, the record does contain a properly constituted NGB Form 22 (Report of Separation and Record of Service), which identifies the reason and characterization of the service and the analyst presumed government regularity in the discharge process.  The NGB Form 22 shows the applicant was discharged under the provisions of Chapter 8, 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.  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.  
       
       The analyst noted the applicant’s contention about being young; however, the analyst noted that the applicant met entrance qualification standards to include age.  There is no evidence that the applicant was any less mature than other Soldiers of the same age who successfully completed military service.
       
       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: 18 July 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

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 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						
Board Vote:
Character - Change 0    No change 5
Reason -     Change 0    No change 5
(Board member names available upon request)

X.  Board Action Directed
Issue a new DD Form 214  
Change Characterization to: 
Change Reason to: NA
Other: NA
RE Code: 
Grade Restoration:   No   Yes   Grade: NA

XI.  Certification Signature
Approval Authority:


ARCHIE L. DAVIS III
Colonel, U.S. Army
President, Army Discharge Review Board




BONITA E. TROTMAN
Lieutenant Colonel, U. S. Army
Secretary Recorder
?????




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 AR20120004274
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