Applicant Name:  ?????

Application Receipt Date: 2009/04/06	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The Applicant states:  "I feel like I was unjustly convicted at my seperation. I started my military career in The National guard in 1982. I completed Basic Training, and also proudly served my National Guard unit for approximately six years. I performed my job and fulfilled my committment with an excellent record and no disciplinary infractions. From here, I joined the Active duty Army in January 1988, and seved until Febuary 1992. I served my four years, including two years with the 82nd Airborne, and 18 months in the Republic of Korea, with pride, and no serious infractions. I attained the rank of Sergeant E-5, ahead of a large number of my peers. I was given an Honorable Discharge from Active Duty. I enlisted in The Army Reserve before I left Active duty. Ater serving several years, and achieving my Drill Sergeant School completion, I tested positive on a urinalysis test for marijuana. I had never smoked before, and definately have not since,but was "hanging out", or socializing with civilian friends and made a serious mistake and inhaled on that occasion. I feel horrible about my decision to get myself in that position. I had/ have over 13 years in the military, and all of it went up in smoke with this one, although serious, infraction. I was discharged as my first and only offense. My selfless service prior had no bearing , and I really feel like this discharge was too harsh. I was not given a second chance to show my Army, and myself that I had made a bad mistake, and I would learn from it. I can only pray that you will give me a second chance to prove to myself and my country that I am a proud and honorable veteran, who deserves a second chance."  The applicant provides several documents for the Board's consideration.

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: 950114
Discharge Received: 			   Date: 950727   Chapter: 7-11c(1)    AR: 135-178
Reason: Abuse of Illegal Drugs	   RE:     SPD: NIF   Unit/Location: A Co, 329th IN Rgt, Bloomington, IN 

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:  26
Current ENL Date: 929207    Current ENL Term: 3 Years  3 months (extension)
Current ENL Service: 	03 Yrs, 05Mos, 20Days ?????
Total Service:  		07 Yrs, 06Mos, 20Days ?????
Previous Discharges: 	RA 880107-929206/HD
                                       IADT 830612-830909/HD
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 11B3X/Infantryman   GT: 117   EDU: HS Grad   Overseas: Korea   Combat: SWA (dates NIF)
Decorations/Awards: AAM, NDSM, AGCM, ASR, SWASM/2BSS, OSR 

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 21 November 1994, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 7, paragraph 7-11c(1), AR 135-178, by reason of abuse of illegal drugs for testing positive for marijuana on a unit urinalysis (940813), with a under other than honorable conditions discharge.  He was advised of his rights.  On 10 December 1994, the applicant requested an administrative separation board and legal counsel.  The unit commander subsequently recommended separation from the Army with a general, under honorable conditions discharge and waiver of further rehabilitative efforts.  The intermediate commanders reviewed the proposed discharge action and recommended approval with a general, under honorable conditions discharge.  On 12 April 1994, the administrative separation board convened.  The applicant appeared with counsel.  The board recommended that the applicant be discharged with issuance of a character of service of general, under honorable conditions.  The document from the approving authority is not contained in the record; however, the record contains DA HQS,USA Reserve Command, Atlanta, GA, Orders, 95-186-027, dated 27 June 1995, which discharged the applicant from the USAR effective 27 July 1995, with a general under honorable conditions discharge.  
       
       The analyst noted the applicant was discharged after his ETS; however, the record contains an extension for three months which gave him a new ETS of 950506.  Although a second extension was not found in the record, the applicant was properly assigned and represented by legal counsel during the conduct of the administrative board proceedings and the analyst presumed government regularity. 

       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 7 of this regulation, in effect at the time, governed separation for acts or pattern of misconduct, including unsatisfactory participation.  Army policy states that an under other than honorable conditions discharge is normally considered appropriate, however, a general, under honorable conditions may be granted.  

       c.  Response to Issues, Recommendation and Rationale:  
       After carefully examining the applicant’s record of service during the period of enlistment under review and the issue and documents submitted with the application, the analyst determined that the discharge was both proper and equitable.  The applicant, by violating the Army's policy not to possess or use illegal drugs, compromised the special trust and confidence placed in a non-commissioned officer (NCO).  The applicant, as a NCO, had the duty to support and abide by the Army's drug policies.  By abusing illegal drugs, the applicant knowingly risked a military career and the misconduct diminished the quality of service below that meriting a fully honorable discharge.  Therefore, the analyst determined 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: 22 January 2010         Location: Washington, D.C.

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

								         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: NA
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090005777
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