Applicant Name:  ?????

Application Receipt Date: 2008/02/19	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "Dear Sir or Madam, I am requesting a change of my discharge character from “General Under Honorable Conditions” to “Honorable” and I am also requesting a change of “ reason of my discharge”. These are the reasons for my discharge change request: -want to be able to reenlist in the pursuit of my career. Tried to reenlist but I was informed by the recruiter that I am bared from reenlistment due to the nature of my discharge. -Never used illegal drugs, most importantly I did not use any illegal drugs during my military service or any other time. -The narrative portion of my discharge “misconduct for drug use”, is not true and has in fact ruined my civilian and military career and affected me in a very negative way. This character of discharge had stopped me from advancing in my career working for other government agencies. -Never had a drug incident or any incident of any kind during my time in service as I served honorably and with pride during my entire period of service. -No prior records of any misconduct of any kind as I am a soldier of good moral and character. -I did not receive any counseling of any kind prior to my discharge from the Army Reserves(AR 600-85 24 March 2006 13-8 Policies and procedures. -My discharge has caused me extreme psychological and emotional stress, extreme hardship, and feelings of worthlessness, and embarrassment among unit members due to shocking, wrongful discharge. -Biochemical testing in unit is focused only on a very small minority groups in the unit and it’s not random, more importantly, almost same personnel are tested every month during drill. I personally volunteered for testing every time while a member of the unit. (AR 600-85 24 March 2006 8-3 Biochemical testing program) -There was no retesting of positive specimen and no request for any retesting by the unit (AR 600-85 24 March 2006 8-4 Retesting of positive FTDTL). -Was never shown or presented results of any kind or any proof of positive drug testing, more importantly still don’t know what type of drug I tested positive for. -No request was made pertaining to the urine analysis results or any of the procedures used (AR 600-85 24 March 2006 8-5 requesting urine analysis documents) -There was not determination of positive urine analysis resulted from prescription drugs used at time, and there was no review by the Medical Review officer (MRO) as I was under the care of doctor and I was prescribed medication at the VA Medical Center in West Palm Beach upon return from SW Asia for conditions arised from Combat. (AR 600-85 24 March 2006 13-12 Medical Review officers). -Standard Operating procedure was not followed according to Appendix E Standing Operating Procedures (SOP) For Urinalysis Collection, Processing, and Shipping. (AR 600–85 24 March 2006) -Separation Using the Notification Procedure according to AR 135-178 13 March 2007 was not followed. More importantly, I have requested to see proof of my positive urine analysis but I was not provided a copy of the laboratory documents (as described in AR 600-85), nor I was given the right to submit statements or consult with a counsel according to AR 600-85."

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: 050716   Chapter: NIF    AR: 135-178
Reason: NIF	   RE:     SPD: NIF   Unit/Location: 81st RRC (TTHS account), Birmingham, AL 

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:  24
Current ENL Date: 990326    Current ENL Term: 08 Years  ?????
Current ENL Service: 	02 Yrs, 01 Mos, ??Days Inactive Service
Total Service:  		04 Yrs, 01 Mos, 20 Days Active/Inactive Service
Previous Discharges: 	IADT 990922-000420/NIF
                                       RA 021208-030615/HD
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 91S/Preventive Medical Spc   GT: NIF   EDU: HS   Overseas: NIF   Combat: Iraq (021223-030522)
Decorations/Awards: ARCOM, NDSM, GWOTEM, AFRM W/M Device, GWOTSM, ARCAM, ASR

V.  Post-Discharge Activity
City, State:  Jupiter, FL
Post Service Accomplishments: None provided

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 United States Army Reserve.  The record indicates that on 16 June 2005, Department of the Army, Headquarters, 81st Regional Readiness Command, Birmingham, AL  35209, Orders 05-167-00009, discharged the applicant from the United States Army Reserve, effective 16 July 2005, with an under honorable conditions (general) discharge.  The authority paragraph of the said order cites AR 135-178.

       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.

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s available records for the period of enlistment under review, and the issue he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  The facts and circumstances pertaining to the applicant’s discharge are not contained in the available records.  On 16 June 2005, Department of the Army, Headquarters, 81st Regional Readiness Command, Birmingham, AL  35209, Orders 05-167-00009, discharged the applicant from the United States Army Reserve, effective 16 July 2005, with an under honorable conditions (general) discharge.  Therefore, the analyst determined that the reason for discharge and the characterization of service remains both proper and equitable and recommends to the Board to deny relief.  Furthermore, 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. 

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 19 December 2008         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: None




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 2    No change 3
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: No Change										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080010489
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