Application Receipt Date: 060504	

Prior Review    Prior Review Date: None

I.  Applicant Request
Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant stated, "I had a serious problem that made my life unmanageable and I was powerless over it.  But I really was a good soldier and the upgrade will give me the chance to finish out my time along with helping my retirement (19 1/2).  I would not like to finish out and have my family left with nothing.  Today my life is good: As of today, I'm still involved with (NA, AA) programs helping other people that have the addictive disease as I have to recover from it, and work a 12-step program in their lives, bringing families back together, meeting, speaking, sponsoring are the things that I do today.  I was shown how to do drugs but no one showed me how to stop."

II.  Were Proper Discharge and Separation Authority procedures followed?  
Yes    No        Tender Offer:   ?????

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Original Character of Discharge
Unit CDR Recommended Discharge:    Date: 940708
Discharge Received:     Date: 941028   
Chapter: 7-11c1    AR: 135-178
Reason: Misconduct, Abuse of Illegal Drugs
RE:     SPD: None
Unit/Location: 70th Division Drill Sergeant School, Livonia, MI 48150-1399 WVSY9A 

Time Lost: None

Article 15s (Charges/Dates/Punishment): None

Court-Martials (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  540318  
Current ENL Date: Reenl/871028    Current ENL Term: 6 Years  The applicant extended his current enlistment for a period of 1 year on (931028).
Current ENL Service: 7 Yrs, 00 Mos, 00 Days ?????
Total Service:  19 Yrs, 8 Mos, 13 Days ?????
Previous Discharges: USMC-720619-740618/HD
                                      USMCR-740619-770312/NA
                                      ARNG-770313-770726/HD
                                      ARNG-770727-780626/HD
                                      Broken Time-780627-810123
                                      USAR-810124-820108/HD
                                      USAR-820109-871027/HD
Highest Grade: E-7
Performance Ratings Available: Yes    No 
MOS: 11B4X, Senior Instructor   GT: 77   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: AAM, ARCAM (3rd OLC), ASR, NDSM, NCOPR (2), AFRM, HSM
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: Employment with the Department of Veterans Affairs, Enrollment and successful completion of the Residential Employment Substance abuse Treatment (R.E.S.T.) program. 

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 8 July 1994, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 7-11c1, AR 135-178, by reason of misconduct-abuse of illegal drugs (he tested positive for cocaine), with an under other than honorable conditions discharge.  He was advised of his rights.  On 13 October 1994, the applicant was notified by registered mail and was given complete instruction of his rights, to request an Administrative Separation Board within 45 days of receipt.  The applicant failed to respond to the correspondence and therefore waived his right to an Admistrative Separation Board.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  The intermediate commanders reviewed the proposed discharge action and recommended approval of the separation action.  On 3 November 1994, the separation authority directed that the applicant be discharged with a characterization of service of under other than honorable conditions, effective date of discharge:  28 October 1994.

      b.  Legal Basis for Separation:  
      Army Regulation 135-178 (Separation of Enlisted Personnel) provides for the separation of enlisted personnel of the Army Reserve and Army National Guard.  Chapter 7 of the regulation, in effect at the time, governed separation for acts or patterns of misconduct, including unsatisfactory participation.  The regulation provided that the separation authority could disapprove the commander’s recommendation for discharge for misconduct and direct disposition by other means, disapprove the recommendation for separation for misconduct and direct separation for unsatisfactory performance, or convene a board of officers to determine whether the service member should be separated for misconduct.  When discharged under this provision, Army policy states that the characterization of service will normally be under other than honorable conditions.  The regulation also permitted the characterization of service as under honorable conditions, but did not authorize the characterization of service as honorable.

      c.  Response to Issues, Recommendation and Rationale:  
      After a careful review of all the applicant’s military records, the discharge is improper.  The analyst noted that Army Regulation 135-178 in effect at the time, states that a soldier having completed 18, but not less than 20 years of qualifying service for retired pay will not be involuntarily discharged without approval of the Commander, ARPERCEN, ATTN: DARP-PAT.  The evidence of record shows that someone other than the Commander, ARPERCEN approved the applicant’s discharge.  In view of the foregoing, the discharge was and is improper.  Accordingly, full relief in the form of an upgrade of the characterization of service to fully honorable and a change to the narrative reason for separation to Secretarial Authority is recommended to the Board.  This action does not entail a change to the reentry eligibility (RE) code; however, the Board can consider it. 
      
      
      
      
      
      
      
      
      
      
      

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 7 March 2007              
Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: N/A

Witnesses/Observers: N/A 

Exhibits Submitted: N/A




VIII.  Board Decision
The discharge was:			Proper	 	Improper	
				                 	Equitable	 	Inequitable	

The characterization of service was:   Proper	 	Improper	
				                 	Equitable	 	Inequitable	

The narrative reasons were: 	       	Equitable	 	Inequitable	

DRB voting record:  		      	Change     No change    (Character)
		 			       	Change     No change    (Reason)
					      (Board member names available upon request)

IX.  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 and is improper.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable and a change to the narrative reason for separation to Secretarial Authority.  This action entails a change in the reentry eligibility (RE) code to "1" and restoration of rank/grade to SFC/E-7.




















Case report reviewed and verified by: Mr. John Zangas, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: Secretarial Authority under Chapter 6, AR 135-178
Other: TO: ARBA Support Division-St Louis      Date:  8 March 2007                      

     The Army Discharge Review Board, established under the provisions of Section 30, Public Law 346, 78th Congress, 22 June 1944 and codified as Title 10, United States Code, Section 1553, in the case of the applicant named in Part I directs that the ARBA Support Division-St Louis issue a new Order to the applicant which reflects the following directed change(s):

           ( X )	Change characterization of discharge to Honorable.
           ( X )	Change reason and authority for discharge to
                  	Secretarial Authority, Chapter 6, AR 135-178.
           ( X )	Other (see remarks below).
                  	Remarks:  This action entails restoration of rank/grade to SFC/E-7.
RE Code:  
Grade Restoration:   No   Yes  Grade: SFC/E-7

XI.  Certification Signature and Date
Approval Authority: 

MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


MARY E. SHAW				DATE: 9 March 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060006377

Applicant Name:  Mr.        
______________________________________________________________________


Page 4 of 6 pages