Applicant Name:  ?????

Application Receipt Date: 2008/03/18	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant stated "I believe I should of recieved help as an alcoholic recieves in their time of need, not simply kicked out.  However I have not touched a drug in aprox. 2 years and went to college to recieve my bachelors.  I would like to continue and receive my master's in Social Work however; I feel with this type of a discharge I will not be able to get a job, i already face alot of problems with the employment process currently, even in low position jobs because of my military record.  Is there any way this discharge can be upgraded.  It greatly affects my life.  Yes,  when I was 21, I made some bad decisions and have been living with it for 3 years now.  Please help me so that I can someday recieve my masters and get a job. I would do anything to take back and change what I have done, please I am a good person.  This month has been 3 years since my discharge.  I currently recieved my bachelors in criminal justice and am unable to find employment due to my discharge, this discharge has ruined my life.  Please consider an upgrade, I made mistakes when I was 21 but I want to be a great person.  I want to also become a social worker however; I feel that I have no chance of employment with my current discharge status.  It was hard to live with this discharge for 3 yrs please do not make me haunted by this discharge decision my whole life.  Please I would do anything to change this, I am at your mercy.  Thank you for your time."

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: 050301   Chapter: NIF    AR: 135-178
Reason: NIF	   RE:     SPD: NA   Unit/Location: 962nd OD Co Det 1, Schenectady, NY 

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:  18
Current ENL Date: 001108    Current ENL Term: 8 Years  ?????
Current ENL Service: 	04 Yrs, 03Mos, 24Days ?????
Total Service:  		05 Yrs, 02Mos, 00Days The analyst used the discharge order and the enlistment contract to determine the period of service under review and the total service.
Previous Discharges: 	ADT-010118-010522/HD
                                       AD-030315-030915/HD
                                        (Concurrent Service)
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 55B10 Ammunition Spec   GT: NIF   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, AFRM-W/"M" DEV, ASR

V.  Post-Discharge Activity
City, State:  Richfield Springs, NY
Post Service Accomplishments: The applicant claims she received a bachelors degree in criminal justice.

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 her discharge from the United States Army Reserve.  On 1 March 2005, DA, HQ, 77th U.S. Army Regional Readiness Command, Fort Totten, NY, Orders 05-060-00019, discharged the applicant from the United States Army Reserve, effective date:  1 March 2005, 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 available military records during the period of enlistment under review and the issues she submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  The applicant’s record is void of the specific facts and circumstances concerning the events that led to her discharge from the United States Army Reserve.  However, on 1 March 2005, DA, HQ, 77th U.S. Army Regional Readiness Command, Fort Totten, NY, Orders 05-060-00019, discharged the applicant from the United States Army Reserve, effective date:  1 March 2005, 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 the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  Furthermore, the analyst noted the applicants issue; however, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  Finally, 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.  In view of the foregoing, the analyst determined 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: 14 January 2009         Location: Washington, DC

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. 



 
        
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: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080004311
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