IN THE CASE OF:  	Mr. 

      BOARD DATE:  	30 October 2013

      CASE NUMBER:  	AR20130006307
___________________________________________________________________________

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 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 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 general, under honorable conditions discharge or honorable.
 
2.  The applicant states, in effect, that he would to be able to re-enlist back into the fight.  He would like to further his time in the military.  He knows he made a serious mistake and he has learned from it.  He completed 4 years and 4 weeks of active duty and this included a
15-month deployment.  He is asking for a second chance.  He received an under other than honorable conditions discharge; however, his chain of command recommended a general discharge because he was a good Soldier.  A NCO explained to him that he once came up positive for a urinalysis and he was given a second chance.  The applicant contends he is hoping for that same opportunity.  It has been over a year and he has learned his lesson.  

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		26 March 2013	
b. Discharge Received:		Under Other Than Honorable Conditions
c. Date of Discharge:			9 March 2012	
d. Reason/Authority/SPD/RE Code:	Misconduct, AR 135-178, Chapter 12-1d, NIF, RE-4	
e. Unit of Assignment:			3622 D Maintenance Company, Annville, PA 17003 
f. Current Enlistment Date/Term:	12 April 2010, 3 years, 10 months
g. Current Enlistment Service:	1 year, 10 months, 28 days
h. Total Service:			5 years, 10 months, 00 days
i. Time Lost:				None
j. Previous Discharges:		USAR (060509-060531), NA									RA (060601-1000411), HD	
k. Highest Grade Achieved:		E-4
l. Military Occupational Specialty:	91F10, Small Arms Artillery
m. GT Score:				94
n. Education:				HS Graduate	
o. Overseas Service:			SWA
p. Combat Service:			Iraq (071105-090119)
q. Decorations/Awards:		ARCOM, AAM, AGCM, NDSM, ASR, OSR
r. Administrative Separation Board: 	No	
s. Performance Ratings:		None
t. Counseling Statements:		Yes
u. Prior Board Review:			No

SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 1 June 2006, for a period of 4 years and 
4 weeks.  He was 19 years old at the time of entry and a high school graduate.  He enlisted in the ARNG on 12 April 2010 for 3 years and 10 months.  The applicant was awarded an ARCOM and an AAM.  He was serving at Annville, PA, when his discharge was initiated.  


SEPARATION FACTS AND CIRCUMSTANCES:

1.  On 17 October 2010, the Commander, 3622 D Maintenance Company, notified the applicant of initiation of separation action under Army Regulation 135-178, Chapter 12, for a positive urinalysis.  

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 30 days, to allow him the opportunity to exercise his rights and consult with legal counsel.

3.  On 17 October 2010, the applicant waived consulting with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an administrative separation board, and did not submit a statement on his behalf.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  The intermediate commanders reviewed the proposed action and recommended approval of the separation with an under other than honorable conditions discharge.  

4.  On 31 January 2012, the separation authority (The Adjutant General, TAG, Pennsylvania Army National Guard), 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, 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. The record contains the results of a urinalysis coded as IR (Inspection Random), dated      12 September 2010, that was positive for marijuana.

2.  Counseling statement dated 17 October 2010, informing the applicant that he had tested positive for THC on 12 September 2010.  

3.  A memorandum from the applicant addressed to TAG, dated 27 December 2012, requesting an upgrade of his discharge.  TAG denied his request for an upgrade.  

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293, DD Form 214, NGB Form 22, memorandum from the TAG, a self-authored statement, Privacy Act Statement, and AMHRR documents, 26 pages.  



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 ARNG.

	b.  Length and quality of service:  The applicant served 4 years and 4 months in the Regular Army and received an honorable discharge, thus the preponderance of his military service was honorable.

	c. The record confirms the applicant served in combat and was awarded an ARCOM and an AAM during his prior period of 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 applicant desires to rejoin the military service.  However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge.  Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table the applicant was appropriately assigned an RE code of 4.  An RE code of 4 cannot be waived and the applicant is no longer eligible for reenlistment.   The applicant’s RE code was noted in the memorandum from the TAG.  

5.  In view of the foregoing, it appears the characterization of the discharge is 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:  30 October 2013        Location: Washington, DC

Did the Applicant Testify?  No

Counsel:  None

Witnesses/Observers:  NA 

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

Board Action Directed:
Issue a new DD Form 214:		No
Change Characterization to:  	General, Under Honorable Conditions (GD)
Change Reason to:			No Change
Change Authority for Separation:	NA
Change RE Code to:		NA
Grade Restoration to:		NA
Other:					NA

Other:  Thru:  Chief, National Guard Bureau                                          Date: 31 October 2013
To:  Adjutant General, State of Pennsylvania, Department of Military and Veterans Affairs, Office of Adjutant General, Fort Indiantown Gap, Annville, PA 17003-5002

            The Army Discharge Review Board, under the provisions of Title 10, United States Code, Section 1553, in the case of the applicant named in Page 1, recommends the applicant be considered for a change of his discharge by the Adjutant General, State of Pennsylvania, with issuance of a new NGB Form 22a, as follows:
                  
           ( X )   Change characterization of discharge to General, Under Honorable Conditions.

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)		AR20130006307



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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