Applicant Name:  ?????

Application Receipt Date: 2009/02/25	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 and DD Form 149 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: 080727
Discharge Received: 			   Date: 080923   Chapter: 12      AR: 135-178
Reason: NIF	   RE:     SPD: NIF   Unit/Location: HQ, 84th Training Command, Ft McCoy, WI 

Time Lost: None

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:  20
Current ENL Date: 060621    Current ENL Term: 8 Years  ?????
Current ENL Service: 	2 Yrs, 03Mos, 02Days ?????
Total Service:  		2 Yrs, 03Mos, 02Days ?????
Previous Discharges: 	None
Highest Grade: E3		Performance Ratings Available: Yes    No 
MOS: 42A/Personnel Spec   GT: 102   EDU: NIF   Overseas: NIF   Combat: NIF
Decorations/Awards: NDSM, ASR

V.  Post-Discharge Activity
City, State:  Franklin, WI
Post Service Accomplishments: None submitted by the applicant.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 13 June 2008, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 12,  paragraph 1, AR 135-178, by reason of misconduct—for testing positive for THC during the unit's random urinalysis testing on (080411), with a general, under honorable conditions discharge.   The applicant was notified via certified mail to acknowledge receipt of the memorandum and indicate her election of rights within 30 days from the date of receipt of the memorandum notification.  The applicant's election of rights is not contained in the available record and the analyst presumed government regularity in the discharge process.  The record indicates that on 23 September 2008, DA HQS, 84th Training Command (Leader Readiness), Ft McCoy, WI, Orders 08-267-00004, discharged the applicant from the United States Army Reserve, effective 23 September 2008, under the provision of AR 135-178 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 from the United States Army Reserve.  Chapter 12 of this regulation 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, and convictions by civil authorities.  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 for the period of enlistment under review, the issue and documents she submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  The record indicates that on 23 September 2008, DA HQS, 84th Training Command (Leader Readiness), Ft McCoy, WI, Orders 08-267-00004, discharged the applicant from the United States Army Reserve, effective 23 September 2008, under the provision of AR 135-178 with a general, under honorable conditions discharge.  This document identifies the characterization of service and the analyst presumed Government regularity in the discharge process.  The evidence of record shows the applicant was discharged under the provisions of Chapter 12, AR 135-178, with a characterization of service of general, under honorable conditions.  Barring evidence 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 analyst noted the applicant’s contentions; however, the evidence was not sufficiently mitigating to warrant an upgrade of the discharge under review.  The applicant was discharged under the provisions of Chapter 12, Paragraph 1, AR 135-178, the narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct".  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.
       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.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 13 November 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: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090004139
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