Applicant Name:  ?????

Application Receipt Date: 080710	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See attached DD Form 293 and supporting 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: 	   Date: NIF
Discharge Received: 			   Date: 941101   Chapter: 7-11c(1)       AR: 135-178
Reason: Misconduct - Abuse of Illegal Drugs	   RE:     SPD: NIF   Unit/Location: HQ, 120th US Army Reserve Command, Fort Jackson, SC 

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:  23
Current ENL Date: 920310    Current ENL Term: 08  Years  USAR
Current ENL Service: 	02 Yrs, 07 Mos, 22 Days ?????
Total Service:  		04 Yrs, 01 Mos, 28 Days ?????
Previous Discharges: 	RA  880309-920309/HD  Concurrent service
                                       USAR  880112-880308/NIF
Highest Grade: E5		Performance Ratings Available: Yes    No 
MOS: 98G EW Signal Intel Interceptor / 11B Infantryman   GT: 123   EDU: College Grad   Overseas: NIF   Combat: None during the period of enlistment under review
Decorations/Awards: ARCOM, NDSM (2), ASR, OSR(2), PB

V.  Post-Discharge Activity
City, State:  Glendale, AZ
Post Service Accomplishments: See attached DD Form 293 and supporting documents submitted by the Applicant.  Beginning in 2007, applicant served on active duty in the National Guard in support of OEF for 16 months and was awarded an AAM, Navy Achievement Medal, Afghan Campaign Medal, GWOTSM, NCOPDR,  AFRM w/M Device, and a CIB.  

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 18 July 1994, the unit commander notified, via certified mail, the Applicant of initiation of separation action under the provisions of Chapter 7, paragraph 7-11c1, AR 135-178, by reason of misconduct—for abuse of illegal drugs, specifically, for testing positive for THC (marijuana) on 7 May 1994, with an under other than honorable conditions discharge.  On 9 July 1994, the Applicant acknowledged that he was aware of the discharge proceedings.  He was advised of his rights to consult with legal counsel, was advised of the impact of the discharge action.  The record indicates that on 1 November 1994, the Department of the Army, Headquarters, 120th U.S. Army Reserve Command, Fort Jackson, South Carolina, Orders 077-018, reduced the Applicant in rank from E5 to E1 and discharged the Applicant from the US Army Reserve, effective 1 November 1994, with a characterization of service of under other than honorable conditions.

       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 and 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 the Applicant’s military records, during the period of enlistment under review, and the issue and documents submitted with the application, the analyst found several mitigating factors that would merit a partial upgrade of the Applicant's characterization of service to general, under honorable conditions.  The analyst does not condone the Applicant’s misconduct; however, the evidence in this case supports a conclusion that the characterization of service was too harsh, and as a result it is inequitable.  The analyst found that the length and quality of the Applicant's service to include his post service accomplishments (i.e. the Applicant's service in Afghanistan, and his educational and employment/business accomplishments) mitigated the discrediting entries in his service record.  Accordingly, the analyst recommends that the Applicant’s characterization of service be upgraded to general, under honorable conditions.  However, the analyst determined that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable.  This action entails the restoration of grade to E-5/SGT.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 1 May 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 characterization of service was too harsh based on the Applicant’s length and quality of his service to include his post service accomplishments (i.e., service with the Army National Guard where he served a combat tour in Afghanistan), mitigated the discrediting entries in the service record and, as a result it, is inequitable.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general, under honorable conditions.  The Board determined that the reason for discharge was proper and equitable and voted not to change it.  This action entails a restoration of grade to E-5/SGT.








        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 5    No change 0
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: TO: ARBA Support Division-St Louis      Date: 5 May 2009
     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 discharge order to the Applicant which reflects the following directed changes:

           ( X  )	Change characterization of discharge to General, Under Honorable Conditions.
           ( X  )	Restoration of grade to E-5/SGT
										
RE Code: 
Grade Restoration:   No   Yes   Grade: Restoration of grade to E-5/SGT.
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080011038
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