IN THE CASE OF:  	

      BOARD DATE:  	29 May 2013

      CASE NUMBER:  	AR20120023004
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicant’s record of service during the period of enlistment under review and considering the Discussion and Recommendation which follows, the Board determined the characterization of service was too harsh based on the recommendation for retention in the Army by all members of his immediate chain of command and as a result it is inequitable.  Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to general, under honorable conditions. The Board determined the reason for discharge was proper and equitable and voted not to change it.  



      
      
      Presiding Officer
      
I certify that herein is recorded the true and complete record of the proceedings of the Department of the Army Discharge Review Board in this case.

THE APPLICANT’S REQUEST AND STATEMENT:

1.  The applicant requests an upgrade of his under other than honorable conditions discharge to honorable.
 
2.  The applicant states, in effect, that he has made some mistakes but has learned from them.  He would like to have a second chance to serve his country and become a better person. 

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		14 December 2012	
b. Discharge Received:		Under Other Than Honorable Conditions
c. Date of Discharge:			8 July 2012	
d. Reason/Authority/SPD/RE Code:	Abuse of Illegal Drugs, AR 135-178, Chapter 12-1d 							NIF, NA	
e. Unit of Assignment:			287th Trans Co, Pleasant Grove, AL	
f. Current Enlistment Date/Term:	24 June 2011, 8 years
g. Current Enlistment Service:	1 year, 0 months, 15 days
h. Total Service:			1 year, 0 months, 15 days
i. Time Lost:				None
j. Previous Discharges:		IADT (110815-111216), HD
k. Highest Grade Achieved:		E-3
l. Military Occupational Specialty:	88M10, Motor Transportation Operator
m. GT Score:				90
n. Education:				HS Graduate	
o. Overseas Service:			None
p. Combat Service:			None
q. Decorations/Awards:		NDSM, ASR
r. Administrative Separation Board: 	No	
s. Performance Ratings:		None
t. Counseling Statements:		None
u. Prior Board Review:			No
SUMMARY OF SERVICE:		
	
The applicant enlisted in the US Army Reserve (USAR) on 24 June 2011, for a period of 8 years.  He was 19 years old at the time of entry and a high school graduate.  He had no special awards or meritorious achievements.  


SEPARATION FACTS AND CIRCUMSTANCES:

1.  On 4 May 2012, the Commander, 143d Sustainment Command, notified the applicant of initiation of separation action under Army Regulation 135-178, paragraph 12-1d, for abuse of illegal drugs.

2.  Based on the above misconduct, the commander recommended an under other than honorable conditions discharge and advised the applicant of his rights.  Further, the commander advised the applicant he was suspending the processing of the discharge action for 45 days, to allow him the opportunity to exercise his rights and consult with legal counsel.

3.  The record does not contain the applicant’s election of rights; however, it contains a US Postal Certified Mail Receipt dated 17 May 2012, in which the applicant acknowledged receipt of the correspondence.  The company, battalion and group commanders recommended the applicant’s retention in the USAR.  

4.  On 18 June 2012, the separation authority (Commander, 143d Sustainment Command), waived further rehabilitation and directed the applicant’s discharge with a characterization of service of under other than honorable conditions.  

5.  The applicant was separated on 8 July 2012, under Army Regulation 135-178, Chapter    12-1d, for abuse of illegal drugs with an under other honorable conditions discharge.                 

6.  The applicant’s record contains no evidence of lost time. 

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.   There is one positive urinalysis report contained in the record coded as IR, Inspection Random, dated 17 March 2012, for marijuana.

2.  The record does not contain any negative counseling’s or actions under the Uniform Code of Military Justice.  However, the applicant was processed for separation as an E-2/PV2, the action that caused his reduction in rank is not in his record.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided an online application and an email.

POST-SERVICE ACTIVITY: 

None provided with the application.

REGULATORY AUTHORITY:

1.  Army Regulation 135-178 sets forth the basic authority for the separation of enlisted personnel from the United States Army Reserve.  Chapter 12 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.  

2.  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.   

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for an upgrade of the characterization of his discharge was carefully considered.  

2.  After examining the applicant’s record of service, his military records, the document and the issues submitted with the application, there are mitigating factors to merit a partial upgrade of the applicant's discharge to general, under honorable conditions for the following reasons:  

	a. The applicant’s record contains no additional misconduct other than the one that caused his discharge from the USAR.

	b. The company, battalion, and group level commanders all recommended that the applicant be retained in the Service.

3.  This recommendation is made after full consideration of all of the applicant’s faithful and honorable service, as well as the record of misconduct.  The evidence in this case supports a conclusion the applicant’s characterization of service was too harsh and as a result inequitable.  

4.  The analyst noted the applicant's issue about his desire to rejoin the Service.  However, Soldiers being processed for separation are assigned reentry (RE) codes based on their service records or the reason for discharge.  The applicant’s RE code is not contained in his available record.  Therefore, if reenlistment is desired, he should contact the local recruiter to determine eligibility to reenlist.  Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. 

5.  In view of the foregoing, it appears the characterization of the discharge is now inequitable and it is recommended the Board grant relief in the form of an upgrade of the characterization of service to general, under honorable conditions.  However, the reason for the discharge was fully supported by the record and therefore, remains both proper and equitable.


SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: Records Review    	Date:  29 May 2013          Location: Washington, DC

Did the Applicant Testify?  No

Counsel: 			None

Board Vote:
Character Change:  4	No Change:  1
Reason Change:	0	No Change:  5
(Board member names available upon request)

Board Action Directed:
Issue a new Discharge Order:  	Yes
Change Characterization to:  	General, Under Honorable Conditions
Change Reason to:  		No Change 
Change Authority to:  		No Change
Change RE Code to:  		No Change
Grade Restoration to:  		E-2/PV2
Other: 				NA





















Legend:
AMHRR - Army Military Human Resource Record	FG - Field Grade	IADT – Initial Active Duty Training	 	RE - Reentry
AWOL - Absent Without Leave	GD - General Discharge	NA - Not applicable	SCM- Summary Court Martial
BCD - Bad Conduct Discharge	HS - High School	NIF - Not in File	SPCM - Special Court Martial
CG - Company Grade Article 15	HD - Honorable Discharge	OAD - Ordered to Active Duty	UNC - Uncharacterized Discharge  
CID - Criminal investigation Department	MP – Military Police	OMPF - Official Military Personnel File	UOTHC - Under Other Than                           			               Honorable Conditions
ADRB Case Report and Directive (cont)		AR20120023004

Page 5 of 5 pages


ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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