Applicant Name: ????? Application Receipt Date: 2008/01/10 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The Applicant submits a DD Form 149 in which he requests that his ARNG Orders number 193-014 be modified to remove the words "use of illegal drugs" and any other negative comments. He admitted to using marijuana one time due to family problems and has since been blackballed from many good jobs. He is sorry for the indiscretion and has suffered 9 years for it. He has four kids who count on him and would like to put this painful event behind him. He provides a one page personal statement for the Board's consideration. 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: Not In File (NIF) Discharge Received: Date: 990730 Chapter: NIF AR: NGR 600-200 Reason: Misconduct-Abuse of Illegal Drugs RE: SPD: NIF Unit/Location: 145th Main Co, NY ARNG, Bronx, NY 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: 28 Current ENL Date: 950525 Current ENL Term: 4 Years ????? Current ENL Service: 04 Yrs, 02Mos, 06Days ????? Total Service: 04 Yrs, 02Mos, 06Days ????? Previous Discharges: IADT 950815-960229/HD Highest Grade: E-2 Performance Ratings Available: Yes No MOS: 31U10/Signal Spt Sys Spc GT: 104 EDU: GED Overseas: None Combat: None Decorations/Awards: NDSM, ASR V. Post-Discharge Activity City, State: Richmond, VA Post Service Accomplishments: None listed 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 New York. The evidence indicates that on 12 July 1999, HQ, Military Department, State of New York, Office of the Adjutant General, Latham, New York, Orders 193-014, discharged the applicant from the Army National Guard and as a Reserve of the Army, effective date 30 July 1999, with a general under honorable conditions discharge. The record does contain a properly constituted Order which indicates that the applicant was discharged for Misconduct-Abuse of Illegal drugs. The record further contains a document that shows that on 15 March 1998, the applicant tested positive for marijuana on a command random urinalysis. b. Legal Basis for Separation: National Guard Regulation (NGR) 600-200 and Army Regulation 135-91 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 military records for the period of enlistment under review, the issue and document he submitted, the analyst found no mitigating factors that would merit an upgrade or change to the reason for separation 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 State of New York Army National Guard and a Reserve of the Army. However, the record does contain a properly constituted Order. 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 by reason of misconduct-abuse of illegal 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 analyst noted the applicant’s issue; however, Army Regulations stipulate that when the misconduct involves drug abuse, the reason will be specifically stipulated as “Misconduct-Abuse of Illegal Drugs” in the separation documents and no deviation is authorized. There is no provision for any other reason to be entered under this regulation. Therefore, the analyst determined 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: 21 November 2008 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 President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20080001243 ______________________________________________________________________________ Page 1 of 3 pages