Applicant Name: ????? Application Receipt Date: 080710 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: See attached DD Form 293 and supporting documents submitted by the Applicant. 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: 941101 Chapter: 7-11c(1) AR: 135-178 Reason: Misconduct - Abuse of Illegal Drugs RE: SPD: NIF Unit/Location: HQ, 120th US Army Reserve Command, Fort Jackson, SC 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: 23 Current ENL Date: 920310 Current ENL Term: 08 Years USAR Current ENL Service: 02 Yrs, 07 Mos, 22 Days ????? Total Service: 04 Yrs, 01 Mos, 28 Days ????? Previous Discharges: RA 880309-920309/HD Concurrent service USAR 880112-880308/NIF Highest Grade: E5 Performance Ratings Available: Yes No MOS: 98G EW Signal Intel Interceptor / 11B Infantryman GT: 123 EDU: College Grad Overseas: NIF Combat: None during the period of enlistment under review Decorations/Awards: ARCOM, NDSM (2), ASR, OSR(2), PB V. Post-Discharge Activity City, State: Glendale, AZ Post Service Accomplishments: See attached DD Form 293 and supporting documents submitted by the Applicant. Beginning in 2007, applicant served on active duty in the National Guard in support of OEF for 16 months and was awarded an AAM, Navy Achievement Medal, Afghan Campaign Medal, GWOTSM, NCOPDR, AFRM w/M Device, and a CIB. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 18 July 1994, the unit commander notified, via certified mail, the Applicant of initiation of separation action under the provisions of Chapter 7, paragraph 7-11c1, AR 135-178, by reason of misconduct—for abuse of illegal drugs, specifically, for testing positive for THC (marijuana) on 7 May 1994, with an under other than honorable conditions discharge. On 9 July 1994, the Applicant acknowledged that he was aware of the discharge proceedings. He was advised of his rights to consult with legal counsel, was advised of the impact of the discharge action. The record indicates that on 1 November 1994, the Department of the Army, Headquarters, 120th U.S. Army Reserve Command, Fort Jackson, South Carolina, Orders 077-018, reduced the Applicant in rank from E5 to E1 and discharged the Applicant from the US Army Reserve, effective 1 November 1994, 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 of the U.S. Army Reserve and 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, convictions by civil authorities and desertion or absence without leave. 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 the Applicant’s military records, during the period of enlistment under review, and the issue and documents submitted with the application, the analyst found several mitigating factors that would merit a partial upgrade of the Applicant's characterization of service to general, under honorable conditions. The analyst does not condone the Applicant’s misconduct; however, the evidence in this case supports a conclusion that the characterization of service was too harsh, and as a result it is inequitable. The analyst found that the length and quality of the Applicant's service to include his post service accomplishments (i.e. the Applicant's service in Afghanistan, and his educational and employment/business accomplishments) mitigated the discrediting entries in his service record. Accordingly, the analyst recommends that the Applicant’s characterization of service be upgraded to general, under honorable conditions. However, the analyst determined that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable. This action entails the restoration of grade to E-5/SGT. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 1 May 2009 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA 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 characterization of service was too harsh based on the Applicant’s length and quality of his service to include his post service accomplishments (i.e., service with the Army National Guard where he served a combat tour in Afghanistan), mitigated the discrediting entries in the service record and, as a result it, is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general, under honorable conditions. The Board determined that the reason for discharge was proper and equitable and voted not to change it. This action entails a restoration of grade to E-5/SGT. 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: No Change Other: TO: ARBA Support Division-St Louis Date: 5 May 2009 The Army Discharge Review Board, established under the provisions of Section 30, Public Law 346, 78th Congress, 22 June 1944 and codified as Title 10, United States Code, Section 1553, in the case of the Applicant named in Part I directs that the ARBA Support Division-St Louis issue a new discharge order to the Applicant which reflects the following directed changes: ( X ) Change characterization of discharge to General, Under Honorable Conditions. ( X ) Restoration of grade to E-5/SGT RE Code: Grade Restoration: No Yes Grade: Restoration of grade to E-5/SGT. ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20080011038 ______________________________________________________________________________ Page 1 of 3 pages