Applicant Name:  ?????

Application Receipt Date: 2008/07/16	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states "On January 1999, I reported to the 310th MP BN and failed a random drug for marijuana.  I was able to speak to a JAG but he provided me with no help or even a phone call to inform me of my case.  While I was on my 2 week drill my family informed me that I had received discharge papers in the mail.  My CO told me he would take care of it until the next drill weekend I showed up when I was told to leave and my career was over.  With great resistance for my company they finally gave me the number of the IG.  It wasnt until I was able to speak to the IG that I was even informed of what had taken place.  I was a good Soldier and a proud one, I made bad judgement call but I believe that I was treated harshly and not informed of what was taking place.  I had never been in trouble in my military life or my civilan life before this day.  Today and for the past 5 years Ive been with the FDNY and have had no discipline problems with the department or my civilan life since that day.  I believe that I should have been counciled and disciplened as many Soldiers before me have with in my unit and Army wide.  I believe ending my career early for one infraction was unjust.  I would like to join the USCG and start serving my country again."

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: 000619   Chapter: NIF      AR: 135-178
Reason: NIF	   RE:  NIF   SPD: NA   Unit/Location: HHD, 310th MP Bn, Uniondale, 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:  19
Current ENL Date: 970424    Current ENL Term: 8 Years  ?????
Current ENL Service: 	02 Yrs, 09Mos, 12Days ?????
Total Service:  		03 Yrs, 01Mos, 25Days the analyst utilized the applicant's enlistment contract and the separation order for computation of period of enlistment under review and the total service.
Previous Discharges: 	ADT-970917-980130/HD
                                         (Concurrent Service)
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 95B10 Military Police   GT: 97   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: ASR

V.  Post-Discharge Activity
City, State:  Holbrook, NY 
Post Service Accomplishments: The applicant submitted a document which shows he is employed as a firefighter with the Fire Department of New York.


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 a discharge from the United States Army Reserve.  However, on 8 June 2000, the Staff Judge Advocates memorandum indicates that the unit commander recommended separation from the United States Army Reserve with an under other than honorable conditions discharge.  The intermediate and senior intermediate commanders recommended that the applicant be retained in the United States Army Reserve based on years of service.  On 19 June 2000, DA, 77th Regional Support Command, Flushing, NY, Orders 00-171-002, discharged the applicant from the United States Army Reserve, effective date: 19 June 2000, with an under other than 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, the issues and douments he submitted with the application, 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 a discharge from the United States Army Reserve.  However, on 19 June 2000, DA, 77th Regional Support Command, Flushing, NY, Orders 00-171-002 discharged the applicant from the United States Army Reserve, effective date: 19 June 2000, with an under other than 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 and found no evidence of arbitrary or capricious actions by the command.   Further, the analyst noted that even though a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the United States Army Reserve.  The applicable Army regulation states that there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization.  The analyst having examined all the circumstances determined that the applicant's single incident of misconduct did indeed adversely affect the quality of service, brought discredit on the  United States Army Reserve, and was prejudicial to good order and discipline.  This single incident of misconduct clearly diminished the quality of the applicant's service below that meriting a general, under honorable conditions discharge.  Additionally, if the applicant desires to reenlist in the Armed Forces, he should contact the local recruiter to determine his eligibility to reenlist.  Those individuals can best advise a former service member as to the needs of the Armed Forces at the time, and are required to process waivers of reentry eligibility (RE) codes.  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 Reserve.  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: 24 April 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 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: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080011227
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