Applicant Name:  

Application Receipt Date: 2007/12/13	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 and enclosed documents submitted by the Applicant.

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: 	Not in File   Date: Not in File (NIF)
Discharge Received: 			   Date: 061128   Chapter: 12    AR: 135-178
Reason: Misconduct			RE:  NIF  SPD: NA   Unit/Location: 325th TC Co, Brockton, MA 

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:  39
Current ENL Date: 061128    Current ENL Term: 6 Years  ?????
Current ENL Service: 	02 Yrs, 10Mos, 21Days ?????
Total Service:  		23 Yrs, 07Mos, 20Days ?????
Previous Discharges: 	REFRAD 830408-860407/HD
                                       USAR 830408-061128 (Concurrent Service)
                                       20-year letter of eligibility for retired pay at age 60 was issued on 27 April 2006.
Highest Grade: E-8		Performance Ratings Available: Yes    No 
MOS: 88Z50/Transportation SR SGT   GT: 87   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: AAM, ARCAM, ASR, PB

V.  Post-Discharge Activity
City, State:  Avon, CT
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 U.S. Army Reserve.  The available evidence indicates that on 28 November 2006, DA, HQ, 94th Regional Readiness Command, Devens, MA, Orders 06-332-00008, discharged the applicant from the US Army Reserve, effective date 28 November 2006, with a general, under honorable conditions discharge.  

       b.  Legal Basis for Separation:  
       Army Regulation 135-178 sets forth the basic authority for the separation of enlisted personnel of the U.S. Army Reserve.  Chapter 12 establishes policy and prescribes procedures for separating members for misconduct.  Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or absence without leave.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed.  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, and the evidence he submitted, the analyst determined that the applicant’s available record of service during the period of enlistment under review is void of the specific facts and circumstances concerning the events that led to his discharge from the Army.  However, the documentation submitted by the applicant indicates that on 22 June 2006, he tested positive for marijuana.  The unit commander initiated separation action under the provisions of Chapter 12, AR 135-178, by reason of misconduct and recommended retention.  The intermediate commanders recommended retention or issuance of an honorable discharge.  The senior group commander recommended separation with a general, under honorable conditions discharge.  The applicant indicated that he appeared before an administrative separation board and that the board recommended that he be discharged with issuance of a characterization of service of general, under honorable conditions.  The documentation in which the separation authority would have approved the recommendation of the administrative separation board and directed that the applicant be discharged with a characterization of service of general, under honorable conditions is not in the record.  In the absence of information 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 applicant, by violating the Army's policy not to possess or use illegal drugs, compromised the special trust and confidence placed in a non-commissioned officer (NCO).  The applicant, as a NCO, had the duty to support and abide by the Army's drug policies.  By abusing illegal drugs, the applicant knowingly risked a military career and his misconduct diminished the quality of service below that meriting a fully honorable discharge.  Therefore, 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: 31 October 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.  Furthermore, the Board determined that the applicant’s Official Military Personnel File (OMPF) does not contain all of the documents from the separation packet.  If the applicant desires to appear before a personal appearance Board, the burden of proof remains with the former Soldier to provide all the appropriate documents or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action for the Board’s consideration.
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 1    No change 4
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 AR20070018326
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