Applicant Name:  ?????

Application Receipt Date: 2012/03/29	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that when he returned from Afghanistan, he became extremely stressed out.  A lot of family issues arose and he was in the middle of getting a divorce.  In that time period, he made an irreparable mistake.  He is now remarried, clean, and finding it hard to get a job in an already tough economy.  He regrets the choices he made in the past and respectfully asks the Board for a chance to show that he can make the right ones in the future. 

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: 110225   Chapter: NIF    AR: 135-178
Reason: NIF	   RE:     SPD: NA   Unit/Location: 328th Engineer Company (Rear Detachment), Northfield, NJ 

Time Lost: NIF

Article 15s (Charges/Dates/Punishment): NIF

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  30
Current ENL Date: 100312    Current ENL Term: NIF Years  ?????
Current ENL Service: 	00 Yrs, 11 Mos, 14 Days ?????
Total Service:  		07 Yrs, 07 Mos, 23 Days (approximately)
Previous Discharges: 	ARNG (010329-010430) / NA
			  IADT (010501-010921) / UNC
			ARNG (010922-021231) / GD
			ARNG (050929-070207) / GD 
			USAR (070208-090221) / NA
			     AD (090222-100311) / HD
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 09B (Trainee, Unassigned)   GT: NIF   EDU: GED   Overseas: SWA   Combat: Afghanistan (090623-100219)
Decorations/Awards: NDSM; ACM-CS; GWOTSM; AFRM-M; ASR; OSR; NATO MDL

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 shows the applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the United States Army Reserve.  The record indicates that on 17 February 2011, Department of the Army, Headquarters, 99th Regional Support Command, Fort Dix, New Jersey, Orders 11-048-00057, discharged the applicant from the United States Army Reserve, effective 17 February 2006, with an under other than honorable conditions discharge.  There is no entry for “additional instructions.”.

       b.  Legal Basis for Separation:  
       Army Regulation 135-178 sets forth the policies, standards, and procedures to ensure the readiness and competency of the U.S. Army while providing for the orderly administrative separation of Army National Guard and U.S. Army Reserve (USAR) enlisted Soldiers for a variety of reasons. The separation policies throughout the different Chapters in this regulation promote the readiness of the Army by providing an orderly means to judge the suitability of persons to serve on the basis of their conduct and their ability to meet required standards of duty performance and discipline.  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.  The characterization is based upon the quality of the Soldier’s service, including the reason for separation and determined in accordance with standards of acceptable personal conduct and performance of duty as found in the UCMJ, Army Regulations, and the time-honored customs and traditions of the Army.  The reasons for separation, including the specific circumstances that form the basis for the discharge are considered on the issue of characterization.  Possible characterizations of service include an honorable, general, under honorable conditions, under other than honorable conditions, or uncharacterized, if the Soldier is in entry-level status.  However, the permissible range of characterization varies based on the reason for separation.

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of the entire applicant’s military records for the period of enlistment under review, and the issue and documents submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the applicant's discharge.
       
       The applicant’s record is void of the specific facts and circumstances concerning the events which led to the former Soldier’s discharge from the Army.  However, the record shows that on 17 February 2011, DA HQS, 99th Regional Support Command, Fort Dix, New Jersey, discharged the applicant from the Army Reserve, effective 17 February 2011, with an under other than honorable conditions discharge.  All the facts and circumstances pertaining to the applicant’s discharge are not contained in the available records and the analyst presumed government regularity in the discharge process.  However, according to the first page of a DA, 328th Engineer Company, Northfield, New Jersey memorandum addressed to the applicant, dated 19 September 2010, subject: Notification of Separation Proceedings under AR 135-178, Chapter 12, Misconduct, absent the initiating commander's signature or a complete copy of the memorandum that was provided by the applicant, shows an initiation of a separation action under the provisions of Chapter 12, AR 135-178, by reason of misconduct—for having submitted a urine sample that was screened to determine possible use of illegal drugs (100612), and the results of that test indicated that the applicant "abused illegal drugs, namely THC-Cannabis," with a general, under honorable conditions characterization of service.  Barring any 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 provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the type of discharge he received from the U.S. Army Reserve.  
       
       The applicant contends he is entitled to an upgrade of his discharge because of mitigating circumstances which contributed to his misconduct.  Specifically, he claims stress with family issues at home resulted in his discharge.  While the applicant may believe his stress at home was the underlying cause of his misconduct, the record of evidence does not demonstrate that he sought relief from stress through his command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other medical resources available to all Soldiers.  Likewise, he has provided no evidence that he should not be held responsible for his misconduct.
       
       The analyst also noted the applicant's issue about finding it difficult to obtain employment; however, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.
       
       Therefore, based on the available evidence, the analyst presuming government regularity in the discharge process, 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: 6 August 2012         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: Yes, American Legion, 1608 K St NW, Washington, D.C. 20006

Witnesses/Observers: Ms.T. Larsen, spouse 

Exhibits Submitted: Online application, dated 25 March 2012; DD Form 214, dated 11 March 2010; first page of DA, 328th Engineer Company, Northfield, NJ, memorandum, dated 19 September 2010, Subject: Notification of Separation Proceedings under AR 135-178, Chapter 12, Misconduct; DA, HQ, 99th Regional Support Command, Fort Dix, NJ, Orders 11-048-00057, dated 17 February 2011.

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 notwithstanding the analyst's recommendation and rationale, the Board determined that the characterization of service was too harsh based on the applicant’s length and quality of his service to include his combat service and the circumstances surrounding his misconduct 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.  This action entails restoration of grade to E-3/Private First Class.
        
IX.  Board Decision						
Board Vote:
Character - Change 5    No change 0
Reason -     Change 0    No change 5
(Board member names available upon request)

X.  Board Action Directed
Issue a new DD Form 214  
Change Characterization to: 
Change Reason to: NA
Other: NA
RE Code: 
Grade Restoration:   No   Yes   Grade: E-3/Private First Class

XI.  Certification Signature
Approval Authority:




ARCHIE L. DAVIS III
Colonel, U.S. Army
President, Army Discharge Review Board




BONITA E. TROTMAN
Lieutenant Colonel, U. S. Army
Secretary Recorder
?



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 AR20120006639
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