Applicant Name:  ?????

Application Receipt Date: 2011/04/18	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, he was wrongfully discharged and without just cause.  He had planned to serve 30 years.  He states he was never informed that he was discharged until he reported to drill, and he was never given an opportunity to appeal.  His battalion commander would not help him.  He has three enlistment contracts, each with 6-year obligation totals 18 years with the USAR.  He states he was cut short by six months--he never signed or was processed out.  He concludes he tried to use his chain of command, to include contacting his battalion commander, and filing an IG complaint, but received no help.

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: 970924   Chapter: 11       AR: 135-178
Reason: Alcohol/Drug Rehab Failure	   RE:     SPD: NIF   Unit/Location: 658th QM Co, Tupelo, MS 

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:  30
Current ENL Date: 910925    Current ENL Term: 6 Years  ?????
Current ENL Service: 	6 Yrs, 00 Mos, 00 Days (According to his enlistment contracts)
Total Service:  		18  Yrs, 01 Mos, 20 Days ?????
Previous Discharges: 	USAR (851019-910924) / HD
			ADT    (800611-800927) / HD
			USAR (791215-851214) / HD
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 62F (Crane Operator)   GT: 96   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: ASR; AAM; NPDR-3; 

V.  Post-Discharge Activity
City, State:  Ripley, MS
Post Service Accomplishments: None

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.  However, the record indicates that on 24 September 1997, Department of the Army, Headquarters, 81st Regional Support Command, Birmingham, AL, Orders 267-29, discharged the applicant from the United States Army Reserve, effective 24 September 1997, with an honorable conditions discharge--it appears 24 September 1997 is his ETS date according to his last reenlistment.  The aforementioned orders indicate the applicant was discharged under the provisions of Chapter 11, AR 135-178, by reason of substance abuse failure, with a characterization of service of honorable conditions with no further instruction.
       
       On 24 September 1997, the applicant was discharged from the United States Army.

       b.  Legal Basis for Separation:  
       Army Regulation 135-178 sets forth 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 and U.S. Army Reserve (USAR) 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 military records during the period of enlistment under review and the issue and documents submitted with the application, the only pertinent evidence available for review regarding the applicant's discharge is his separation orders.  The orders show the applicant was discharged under the provisions of Chapter 11, AR 135-178, for substance abuse failure.  
       
       For this type of discharge, the applicant would have been enrolled in the Army Substance Abuse Program (ASAP) and would have been aware of the consequences of any action which would demonstrate any inability or refusal to participate in, cooperate in, or successfully complete such a program.  Inasmuch as the applicant's official record is void of the circumstances leading to his discharge, it is presumed that he was identified as a rehabilitation failure subsequent to his enrollment in the ASAP program.  Therefore, it is also presumed that the applicant was properly counseled and afforded a reasonable opportunity to overcome his problems, and chose not to avail himself of this opportunity. 
       
       The applicant's contention that he was improperly discharged because he never abused drugs; he was never notified of his impending involuntary separation; and he did not process out of the USAR.  The applicant's contentions were carefully considered.  However, the analyst is unable to determine whether his 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.  
       
       Furthermore, there is a presumption of regularity in the conduct of governmental affairs.  This presumption is applied in all Army discharge reviews unless there is substantial credible evidence to rebut the presumption.  There is no evidence in the record, nor has the applicant produced any evidence, to support the reason for his discharge, or his contention that he was improperly discharged.  The applicant’s statement alone does not overcome the presumption of government regularity in this case and he provided no documentation or further evidence in support of his request to change the reason for his discharge.  
       
       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.  The application to appear before this Board must be received prior to the 15th year anniversary of the applicant’s discharge.
       
       In view of the foregoing, the analyst determined 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: 9 December 2011         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 149, dated 13 April 2011, and applicant's handwritten listing and explanation of each attached evidence.

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: NA
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA


Official:




BONITA E. TROTMAN
Lieutenant Colonel, U.S. Army
Chief, 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 AR20110008382
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