Applicant Name:  ?????

Application Receipt Date: 2009/07/28	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "I believe my discharged should be upgraded for a couple of reasons. first of all I am a war veteran. Regardless of my recent actions i have put life and limb on the line for my country and I think it is wrong to treat a patriot like an outcast just to make an example out of them. I also feel that a certain individual's personal grudge played a part in the decision making process in my case. This is unacceptable. There were 6 people that got in trouble for similar reasons and only 3 of them were discharged. The other 3 individuals I believe were spared because of closer ties to the same individual who had a grudge against me. Not only is this unfair, it grossly displays this individuals lack of ethics, poor character and disregard for the army values. This sort of behavior is especially frowned upon by the majority of my unit because of the high position held by this individual. This behavior might  be expected of a buck sergeant who is new to leadership, but not an officer. I also feel this was unfair because I was due to enter the I.R.R within just 2 months of this incident and I think this individual saw this as a perfect  opportunity to abuse his power, humiliate me and get away clean with it. This individual also has no regard for confidentiality laws as this person put out my personal business over a conference call which several lower enlisted and NCO's were present for when this information was privileged for my team leader, platoon sergeant and platoon leader only. I see this as a slap in the face and is intolerable.
   I also feel my discharge should be upgraded because this was my first offense. There was nothing criminal about my actions nor showed poor soldier qualities. I have seen worse things in my unit that were "swept under the carpet". For example, apparently it is alright to get caught drunk at the firing range with a camel back full of vodka on qualification day while carrying a full load ready to fire. Someone could have been killed. However it's not o.k. to smoke a joint with my father on a fishing trip far from anything that has to do with military service. Does this not sound a little backwards? On top of that, the individual was an NCO and didn't even lose rank nor had ANY punitive actions taken against them, not even extra duty or anything as small as a negative counseling statement.They let that slide and put me on the cross so to speak, this is just another example of the commanders incompetent decision making capabilities and poor qualities not only as an officer, but as a human being.
   My last major reason I think my discharge should be upgraded is because what I did does not fit the punishment. I don't feel like the rest of my life should be ruined because of a personal grudge. With the economy being like it is, it's hard enough to find a job as it is, this type of discharge characterization will ensure that I fail. I consider myself to be an outstanding citizen of my community and have great expectations of myself. Like I said before this was my first offense and my civilian record is clean as well, not even a parking ticket. I have sacrificed a lot for my country, not only by putting my life in danger, but as a result of going to war I have lost my job, a fiance, and my home. When Got back from Iraq I had to start my life all over, do you know how hard that is?. All I'm asking for is an upgrade of my discharge from OTH to HON. I think the army owes me at least that."

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: 090625   Chapter: NIF       AR: 135-178
Reason: NIF	   RE:     SPD: NA   Unit/Location: 342d Chemical Co, Jeffersonville, 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:  20
Current ENL Date: 060207    Current ENL Term: 8 Years  ?????
Current ENL Service: 	1 Yrs, 03Mos, 24Days ?????
Total Service:  		3 Yrs, 09Mos, 10Days ?????
Previous Discharges: 	None
Highest Grade: E2		Performance Ratings Available: Yes    No 
MOS: 74D10 Chemical Ops Sp   GT: NIF   EDU: HS Grad   Overseas: SWA   Combat: Iraq (060505-070423)
Decorations/Awards: ARCAM, NDSM, GWOTSM, ICM, ASR, OSR, AFRM w/M

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

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 Army Reserve.  The record indicates that on 25 June 2009, DA HQS, 335th Signal Command (Theater), East Point, GA, Orders number 09-176-00006, discharged the applicant from the Army Reserve, effective 25 June 2009, with an under other than honorable conditions discharge.  The record contains a properly constituted Order which indicates the applicant was discharged under the provisions of AR 135-178, 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 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, the issue 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 the former Soldier’s discharge from the Army.  However, the applicant’s record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature.  This document identifies the reason and characterization of the discharge and the analyst presumed government regularity in the discharge process.  
       The record contains a properly constituted Order which indicates the applicant was discharged under the provisions of AR 135-178, with a characterization of service of under other than 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.  
       Furthermore, the analyst found no evidence of arbitrary or capricious actions by the command.  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.  
       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 Army.  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 Army, 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 fully honorable discharge. 
       The applicant's contentions were carefully considered.  However, the analyst is unable to determine whether these contentions have merit because the facts and circumstances leading to the discharge are unknown.  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.  If the applicant desires a personal appearance hearing, it will still be his responsibility to meet the burden of proof since the evidence is not available in the official record.
       Therefore, based on the available evidence, the analyst presumes government regularity in the discharge process and concludes that it appears 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: 26 May 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 214 and discharge order

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






Legend:
AWOL    	Absent Without Leave		GCM   General Court Martial	NA   Not applicable			SCM	Summary Court Martial
BCD   	Bad Conduct Discharge	GD      General Discharge	NIF   Not in the file			SPCM	Special Court Martial
CG 	Company Grade Article 15	HD      Honorable Discharge	OAD   Ordered to Active Duty		UNC	Uncharacterized Discharge  
DD 	Dishonorable Discharge	HS       High School Graduate	OMPF   Official Military Personnel File	UOTH  	Under Other Than Honorable 
FG	Field Grade Article 15		IADT   Initial Active Duty Training	RE     Reentry Code				Conditions 

ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090012814
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