Applicant Name:  ?????

Application Receipt Date: 2012/03/01	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he requests an upgrade of his discharge to fully honorable.  He contends being 23 years old at the time of the incident and had a lapse in judgment.  He further contends this one occurrence of misconduct is not a true reflection of his entire term of service to his country.  He desires to receive VA benefits.    

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: 	NIF   Date: NIF
Discharge Received: 			   Date: 030512   Chapter: 8-26e(2)b       AR: NGR 600-200
Reason: Misconduct	   RE:     SPD: NA   Unit/Location: Q Co, 181st EN Bn, Milford, MA 

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:  18
Current ENL Date: 970522    Current ENL Term: 06 Years  ?????
Current ENL Service: 	06  Yrs, 00  Mos, 00  Days ?????
Total Service:  		06  Yrs, 00  Mos, 00 Days ?????
Previous Discharges: 	IADT-980617-980806/UNC
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 12B10 Combat Engineer   GT: 115   EDU: 14 Years   Overseas: None   Combat: None
Decorations/Awards: AAM, ASR

V.  Post-Discharge Activity
City, State:   
Post Service Accomplishments: The applicant stated in his application he is employed full time for a reputable company.

VI.  Facts, Circumstances, and Legal Basis for Separation
       a.  Facts and Circumstances:
       The applicant’s record is void of the complete facts and circumstances concerning the events which led to his discharge from the Army National Guard of the State Massachusetts.  On 18 August 2002, the applicant consulted with legal counsel, was advised of the impact of the discharge action, did not indicate if he unconditionally waived his right to an administrative separation board, or indicate if a statement was submitted in his own behalf.  The unit commander subsequently recommended separation from the Massachusetts National Guard. 
       
       On 3 May 2003, the separation authority directed the applicant’s discharge with a characterization of service of general, under honorable conditions.  
       
       
       The record does contain a properly constituted NGB Form 22 (Report of Separation and Record of Service),  which the applicant was unavailable for signature.  The NGB Form 22, indicates the applicant was discharged under the provisions of paragraph 8-26e(2)b, NGR 600-200, by reason of misconduct/illegal use of drugs, with a characterization of service of general under honorable conditions, and a reenlistment eligibility (RE) code of "3."
       
       The applicant's record contains an approved Bar to Reenlistment, dated 18 August 2002.
       
       On 17 April 2012, the State of Massacusetts Army National Guard denied the applicant's request for an upgrade of his 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 submitted with the application, 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 Massachusetts and as 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)b, NGR 600-200, by reason of misconduct/illegal use of drugs, 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 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.
       
       The applicant contends being 23 years old at the time of the incident and had a lapse in judgment.  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. 
       
       The applicant further contends this one occurrence of misconduct is not a true reflection of his entire term of service to his country.  Even though a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army.  The applicable Army regulation states that there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. 
       
       The analyst having examined all the circumstances determined that the applicant's single incident of misconduct did indeed adversely affect the quality of service, brought discredit on the Army, and was prejudicial to good order and discipline.  This single incident of misconduct clearly diminished the quality of the applicant's service below that meriting a fully honorable discharge. 
       
             The applicant desires to receive VA benefits.  eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.
       Furthermore, the analyst 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 Massachusetts National Guard.  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, based on the available evidence, the analyst presumes government regularity in the discharge process and concludes that based on the NGB Form 22, 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: 6 August 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: No

Witnesses/Observers: No 

Exhibits Submitted: DD Form 293, dated (120223); Memorandum, Request for Discharge Status Change, dated (120417); DA Form 4856 (General Counseling Form), two (2) pages, dated (020818); Acupuncture Appointment Slip; Discharge Orders 134-2, dated (030514); Bar to Reenlistment, dated (020818); DA Form 3381 (Rights Warning Procedure/Waiver Certificate), two (2) pages, dated (020818); Discharge Packet, thirteen (13) pages; two (2) Heallth Insurance Claim Forms; Excerpt NGR 600-200, page 41; and a DD Form 214, dated (980806). 

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						
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: No Change
Other: NA
RE Code: 
Grade Restoration:   No   Yes   Grade: None

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 AR20120004638
______________________________________________________________________________

Page 4 of 4 pages