Applicant Name: ????? Application Receipt Date: 2012/01/03 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that he served a total of 6 years 8 months and 17 days as an infantry Soldier. He contends that he deployed for two twelve month tours to Afghanistan in support of Operation Enduring Freedom and listed numerous awards and achievements in support of his request. The applicant states he had continuous honorable service from 6 January 2004 to 15 June 2010 and that his discharge was based on one incident and should be changed to honorable. II. Were Proper Discharge and Separation Authority procedures followed? Tender Offer: None See Attachments: Legal Medical Minority Opinion Exhibits III. Discharge Under Review Unit CDR Recommended Discharge: Date: NIF Discharge Received: Date: 100922 Chapter: 14-12c AR: 635-200 Reason: Misconduct (Serious Offense) RE: SPD: JKQ Unit/Location: A Co, 2nd Bn, 2nd Inf Rgt, Fort Knox, KY 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: 26 Current ENL Date: 060208 Current ENL Term: 6 Years 2 months Current ENL Service: 0 Yrs, 7 Mos, 14 Days ????? Total Service: 6 Yrs, 8 Mos, 17 Days ????? Previous Discharges: RA 040106-060207/HD Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 11B10/Infantryman GT: 97 EDU: HS Grad Overseas: SWA, Italy Combat: Afghanistan (050221-060219) and (080626-090610) Decorations/Awards: ARCOM, AAM, MUC, AGCM, NDSM, ACM-CS, GWOTSM, ASR, OSR, NATOMDL, CIB V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: None VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of misconduct (serious offense) for, operating a motor vehicle under the influence of alcohol (100620), with a general, under honorable conditions discharge. He was advised of his rights. On 3 August 2010, the applicant consulted with legal counsel, was advised of the impact of the discharge action, unconditionally waived his right to an administrative separation board, and did not submit a statement in his own behalf. The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts. The intermediate commander reviewed the proposed action and recommended approval of the separation with a general under honorable conditions discharge. The evidence of record shows that the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions. The applicant's record contains a civilian police citation dated, 20 June 2010. b. Legal Basis for Separation: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 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, 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 all the applicant’s military records during the period of enlistment under review and the issues submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the applicant's discharge. The applicant’s discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. By the misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance. The analyst noted the applicant's contention that his discharge was based on one incident. Even though a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicable Army regulation states that there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The analyst having examined all the circumstances determined that the applicant's single incident of misconduct did indeed adversely affect the quality of service, brought discredit on the Army, and was prejudicial to good order and discipline. This single incident of misconduct clearly diminished the quality of the applicant's service below that meriting a fully honorable discharge. Furthermore, the analyst acknowledges the applicant's in service accomplishments as stated in his application. However, the analyst did not find the said issue sufficiently mitigating to warrant an upgrade of the discharge under review. Therefore, the analyst determined 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: 30 May 2012 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: DD Form 293 dated, 14 December 2011, DD Form 214, honorable discharge certificate dated, 7 February 2006, oath of reenlistment dated, 8 February 2006, ARCOM dated, 19 February 2006, AAM dated, 25 August 2009, 29 April 2009, 25 June 2009, 16 January 2009, 10 May 2008, 14 April 2008, 13 November 2007, 24 June 2006, training certificate dated, 8 April 2010, DA Form 1059 and certificate dated, 18 February 2010, NATO medal certificate dated 17 July 2009, training certificate dated, 25 July 2008, training diploma and certificate dated 14 May 2004, CIB award orders dated, 11 September 2005, parachutist badge dated, 6 May 2004, MOS award orders dated, 9 March 2004. 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 discharge was both proper and equitable and voted to deny relief. IX. Board Decision Board Vote: Character - Change 1 No change 4 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: None Other: ????? RE Code: Grade Restoration: No Yes Grade: NA XI. Certification Signature Approval Authority: EDGAR J. YANGER 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 AR20120000406 ______________________________________________________________________________ Page 1 of 4 pages