Applicant Name:  ?????

Application Receipt Date: 2010/03/11	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: Was young and immature, had overall good service, time elapsed since his discharge, and medals not listed in his DD Form 214.

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: 980105   Chapter: 7-11c(1)    AR: 135-178
Reason: Abuse of Illegal Drugs	   RE:     SPD: NIF   Unit/Location: 4213th USA Hospital, Malone, NY 

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: 911125    Current ENL Term: 8 Years  ?????
Current ENL Service: 	06 Yrs, 01Mos, 10Days ?????
Total Service:  		06 Yrs, 01Mos, 10Days ?????
Previous Discharges: 	IADT 920401-920818/UNC (Concurrent service)
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 91B10/Medical Spc   GT: 117   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: AAM-2 (not listed on DD 214), ASR

V.  Post-Discharge Activity
City, State:  Chesterfield, MO
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.  The record indicates that on 5 January 1998, Department of the Army, Headquarters, 77th Regional Support Command, Fort Totten, New York, Orders 0005-2, discharged the applicant from the Army Reserve, effective 5 January 1998, with an under other than honorable conditions discharge.  The Orders indicate the applicant was discharged under the provisions of Chapter 7, paragraph 7-11c(1), AR 135-178, for abuse of illegal drugs with an under other than honorable conditions discharge.  

       b.  Legal Basis for Separation:  
       Army Regulation 135-178 in effect at the time sets forth the basic authority for the separation of enlisted personnel from the United States Army Reserve.  Chapter 7 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 and documents 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 Order which identifies the reason and characterization of the discharge and the analyst presumed government regularity in the discharge process.  
       
       The Order in the record indicates the applicant was discharged under the provisions of Chapter 7, AR 135-178, paragraph 7-11c(1), by reason of abuse of illegal drugs, 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.  
       
       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.  In reviewing discharges, the Board presumes regularity in the conduct of government affairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the Applicant. 
       
       Furthermore, the analyst noted the applicant's issue about his awards not being listed on his discharge papers, however, the correction that the applicant requests to be made to his DD Form 214, does not fall within the purview of this Board.  The applicant may apply to the Army Board for Correction of Military Records (ABCMR), utilizing DD Form 149 regarding this matter.  An application for that Board can be obtained online or from the Veterans Administration.  
       
       Additionally, the analyst noted the applicant met entrance qualification standards to include age.  There is no evidence that the applicant was any less mature than other Soldiers of the same age who successfully completed military service.
       
       Finally, the applicant contends the time that has elapsed since his discharge entitles him to an honorable discharge and he should be granted an automatic upgrade.  However, the U.S. Army does not have, nor has it ever had, a policy to automatically upgrade discharges.  Each case is decided on its own merits when an applicant submits a DD Form 293 requesting a change in discharge.  Changes may be warranted if the Board determines that the characterization of service or the reason for discharge or both were improper or inequitable.  
       
       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: 22 June 2010         Location: Chicago, IL

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: Two DA Forms 638 for AAM awards, separation documents, two newspaper articles.

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review, hearing his testimony and considering the analyst’s recommendation and rationale, the Board determined that the characterization of service was too harsh based the applicant’s length and quality of his service, his post service accomplishments in restoring War World I and War World II memorials for Soldiers killed in action, and the circumstances surrounding his discharge as the record shows the senior commander recommended an honorable discharge and as a result, it is inequitable.  Accordingly, the Board voted to grant relief by changing the characterization of service to general, under honorable conditions.  The Board determined that the reason for discharge was both proper and equitable and voted not to change it.
        
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: NA
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 AR20100010682
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