Applicant Name:  ?????

Application Receipt Date: 2011/01/07	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: That he resigned in lieu of involuntary separation proceedings and was issued a General Discharge Under Honorable Conditions.  He is currently married, has two children and works as a counselor.  While in the Army he earned excellent evaluations.  The conduct that resulted in his discharge was a one-time incident.  His service to our country was honorable.  The applicant contends he did not confer with a JAG officer.  His service to his community is honorable. He is married and a father; and all he is seeking to rejoin his fellow warriors in our continued struggle against terrorism.  He respectfully requests this opportunity by the issuance of an Honorable Discharge.

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: 050318
Discharge Received: 			   Date: 060716   Chapter: 2-12     AR: AR 135-175 
Reason: NA	   RE:     SPD: NA   Unit/Location: 90th RRC, TTHS Account, 8000 Camp Robinson Road, North Little Rock, AR 

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:  34
Current ENL Date: 050114    Current ENL Term: INDEF Years  Prior Enlisted
Current ENL Service: 	 1   Yrs, 6 Mos, 3   Days ?????
Total Service:  		13  Yrs, 1 Mos, 3   Days ?????
Previous Discharges: 	RA      911007 - 940828/HD
                                       USAR 960507 - 030227/NA
                                        RA     030301 - 050113/HD
Highest Grade: 0-3		Performance Ratings Available: Yes    No 
MOS: 88B Traffic Management   GT: NIF   EDU: College Grad   Overseas: None   Combat: None
Decorations/Awards: GWOTSM, NDSM x 2, AFRM w/ M, ASR,

V.  Post-Discharge Activity
City, State:  Newnan, GA
Post Service Accomplishments: None








VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 18 March 2005, the applicant was notified of initiation of elimination proceedings under the provisions of DOD Instruction 1332.40, dated 16 October 1997 and Chapter 2, paragraph 2-12, AR 135-175, dated 28 February 1987 by reason of misconduct, moral or professional dereliction; specifically for the wrongful use of a controlled substance, by testing positive for THC (040712).  The applicant was directed to show cause for retention in the Army.  
       
       He was advised that he could submit a voluntary resignation in lieu of elimination or submit a rebuttal and request an appearance before a Board of Inquiry.  
       
       On 14 July 2005, the applicant consulted with legal counsel and voluntarily tendered his resignation from the Army in writing under the provisions of Chapter 6-12, AR 135-175, in lieu of further elimination proceedings.   The applicant indicated he understood that he could receive a general, under honorable conditions, or an under other than honorable conditions discharge and that the discharge would have a significant effect on eligibility for veteran’s benefits.  The commanding general recommended approval of the resignation in lieu of elimination with a general, under honorable conditions discharge.  
       
       On 13 June 2006, the Human Resource Command (HRC) approved the recommendation  and directed that the applicant’s discharge with a characterization of service of general, under honorable conditions.       

       b.  Legal Basis for Separation:  
       Army Regulation 135-175 sets forth the basic authority for the separation of officers from the U.S. Army Reserve (USAR), except for officers serving on active duty or active duty training exceeding 90 days.  Chapters 2 and 3 of this regulation provide the basis for involuntary separations of USAR officers.  Specific categories include substandard performance of duty, moral or professional dereliction, in the interest of national security, as a result of trial by court martial, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, homosexual conduct, convictions by civil authorities and desertion or absence without proper authority from unit training.  Army policy states that an under other than honorable conditions discharge is normally considered appropriate; however, a general under honorable conditions or an honorable discharge may be granted.

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s military records, the issue, and documents he submitted, the analyst determined that the evidence was not sufficiently mitigating to warrant an upgrade of the discharge under review.  The applicant’s discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by Army Officers.  By his misconduct, the applicant diminished the quality of his service below that meriting a fully honorable or general, under honorable conditions discharge.  The applicant provided no corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance. 
        
       The analyst noted the applicant’s contention that he did not confer with legal counsel; however, the record indicates he met with counsel 14 July 2005, when he submitted his request for resignation.  The analyst found no evidence of arbitrary or capricious actions by the command.  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 acknowledges the applicant's successful transition into civilian life, in service accomplishments and excellent evaluations as stated in his application.  However, the analyst did not find the said issue sufficiently mitigating to warrant an upgrade of the discharge under review.  
       
       The analyst noted that even though a single incident, the discrediting entry constituted a departure from the standards of conduct expected of all 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.
       
       At the time of discharge the applicant was appropriately issued discharge orders from the United States Army Reserve, and was not assigned a reentry code (RE).  If reenlistment is desired, the applicant should contact the local recruiter to determine his 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 if appropriate.  
       
       Therefore, the reason for discharge and the characterization of service remain both proper and equitable.  

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 2 September 2011         Location: Washington, D. C.

Did the Applicant Testify?  Yes     No  

Counsel: [ redacted ]

Witnesses/Observers: None 

Exhibits Submitted: DD Form 293 with a self authored statement, statement from counsel, acceptance memorandum, DD Form 214 for the period (050113), orders 027427, orders 029913, orders 029909, orders 17-27, drug test report, letter of reference from [ redacted ] Community Health Center, character reference, memorandum of support, 2 evaluations, discharge orders

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 AR20110000692
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