Applicant Name:  ?????

Application Receipt Date: 2011/10/25	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that this incident has been an injustice he has lived with since 1998 and he used poor judgement when he smoked marijuana at his birthday party the weekend prior to his drill in August 1998.  He feels that this does not constitute abuse of drugs but just a one time mistake.  He request that his discharge status be based on his entire career and service to his country instead of having one small mistake place a blotch on over 50 years of service.   

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: 990811   Chapter: 7       AR: 135-178
Reason: Misconduct-Abuse of Illegal Drugs	   RE:  NIF   SPD: NIF   Unit/Location: 3 

Time Lost: NIF

Article 15s (Charges/Dates/Punishment): NIF

Courts-Martial (Charges/Dates/Punishment): NIF

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  43
Current ENL Date: Reenl/980208    Current ENL Term: 6 Years  ?????
Current ENL Service: 	1 Yrs, 6  Mos, 4  Days ?????
Total Service:  		25 Yrs, 7  Mos, 19  Days ?????
Previous Discharges: 	USN 721031-750530/HD
                                       USNR 750531-801023/HD
                                       ARNG 820514-851223/HD
                                       USARCG/IRR 851224-871101/NA
                                       ARNG 871102-880316/HD
                                       USAR 880317-920302/HD
                                       USAR 920303-980707/HD
Highest Grade: E-6		Performance Ratings Available: Yes    No 
MOS: 11B30 Infantryman   GT: 112   EDU: 14 Years   Overseas: NIF   Combat: NIF
Decorations/Awards: GCMDL, NDSM

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: The applicant stated in his issue that he has retired from the Department of Defense with 32 years of honorable service as a Refueling Nuclear Director at Puget Sound Naval Shipyard. 



VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The applicant's record is void of the specific facts and circumstances concerning the events that led to his discharge from the United States Army Reserve.  However, the applicant submitted with his application (DD Form 149) a document which was undated indicating that he consulted with legal counsel and submitted a conditional waiver; in that he voluntarily waived consideration of his case by an administrative separation board contingent upon him receiving a characterization of service no less favorable than a general, under honorable conditions discharge and did not submit a statement in his own behalf. 
       
       Further the record indicates that on 11 August 1999, Department of the Army, Headquarters, 91st Division (Exercise) Building 602, Murray Circle, Fort Baker, CA, issued Orders M-223-4, which discharged the applicant from the United States Army Reserve with an effective dated of: 11 August 1999, with a general, under honorable conditions discharge.  

       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 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.  All the facts and circumstances pertaining to the applicant’s discharge from the United States Army Reserve are not contained in the available records.
       
       On 11 August 1999, Department of the Army, Headquarters, 91st Division (Exercise) Building 602, Murray Circle, Fort Baker, CA, issued Orders M-223-4, which discharged the applicant from the United States Army Reserve with an effective dated of: 11 August 1999, with a general, under honorable conditions discharge.  This document identifies the characterization of the discharge and the analyst presumed government regularity in the discharge process. 
       
       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 that this incident has been an injustice he has lived with since 1998 and he used poor judgement when he smoked marijuana at his birthday party the weekend prior to his drill in August 1998.  He feels that this does not constitute abuse of drugs but just a one time mistake.  Even though a single incident, the analyst concluded that 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. 
       
       Having examined all the circumstances, the analyst 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 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 applicant further contends that his discharge status should be be based on his entire career and service to his country instead of having one small mistake place a blotch on over 50 years of service.  The analyst carefully examined the applicant's record of service during the period of enlistment under review.  There was a full consideration of all faithful and honorable service as well as the infraction of discipline, the extent thereof, and the seriousness of the offense.  The analyst concluded that the discrediting entry in the applicant's record were not outweighed by prior or subsequent service of sufficient merit to warrant an upgrade of the discharge being reviewed. 
       
       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 United States Army.  If the applicant desires to appear before a personal appearance Board, 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 it appears based on the discharge orders that 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: 11 May 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: 









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 1    No change 4
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: No Change
RE Code: 
Grade Restoration:   No   Yes   Grade: No Change

XI.  Certification Signature
Approval Authority:




EDGAR J. YANGER
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 AR20110021445
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