Applicant Name: ????? Application Receipt Date: 2011/01/24 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that his discharge was inequitable because it was based on one isolated incident in 28 months of service with no other adverse action. 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: 100317 Discharge Received: Date: 100421 Chapter: 14-12b AR: 635-200 Reason: Pattern of Misconduct RE: SPD: JKA Unit/Location: E Company, 526th Brigade Support Battalion, 2nd Brigade Combat Team, 101st Airborne Division (Air Assault), Fort Campbell, KY. Time Lost: None Article 15s (Charges/Dates/Punishment): 091218, wrongfully ingesting a plant fertilizer with intention of getting high (091114), wrongfully consumed alcohol while under the legal age of 21 years (091114), forfeiture of two months pay, reduction to Private (E-1), exxtra duty and restriction for 45 days (FG). 090730, wrongfully consumed alcohol while under the legal age of 21 years (090502), reduction to Private (E-1), suspended, forfeiture of $366.00 pay, extra duty and restriction for 14 days (CG). The supension of the punishment of forfeiture of $366.00 pay imposed on (090730) was vacated effective (081209), based on the applicant's offense of wrongfully consuming alcohol while under the legal age of 21 years and (091114) and ingested a plant fertilizer with the intent of getting high (091114). 100126, failed to obey a lawful order issued by a LTC (091218), and violated a regulation (barracks policy) by wrongfully letting his wife stay overnight (091223), reduction to Private (E-2), suspended, forfeiture of $723.00 pay for two months, extra duty and restriction for 45 days (FG). Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 19 Current ENL Date: 080625 Current ENL Term: 3 Years 24 weeks Current ENL Service: 1 Yrs, 9 Mos, 27 Days ????? Total Service: 1 Yrs, 9 Mos, 27 Days ????? Previous Discharges: None Highest Grade: E-2 Performance Ratings Available: Yes No MOS: 91B10 Wheeled Vehicle Mech GT: 97 EDU: GED Certif Overseas: None Combat: None Decorations/Awards: NDSM, GWOTSM, ASR V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: None submitted by the applicant. 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 14-12b, AR 635-200, by reason of a pattern of misconduct, in that he wrongfully consumed alcohol while being under the legal age of 21 years (090502), wrongfully ingested a plant fertilizer with the intention of getting high (091114), wrongfully consumed alcohol while being under the legal age of 21 years (091114), violated restriction by going off post to get married (091218), and violated barracks policy by wrongfully letting his wife stay overnight (091223). The unit commander recommended separation with a general, under honorable conditions discharge. He was advised of his rights. On 17 March 2010, the applicant waived legal counsel, was advised of the impact of the discharge action, and did not submit a statement in his own behalf. The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts. On 8 April 2010, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. 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, and the issue submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the applicant's discharge. The analyst determined that 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 issue that his discharge was inequitable because it was based on one isolated incident in 28 months of service with no other adverse action. Even though the applicant claims that his offense was an isolated one, the analyst concluded that the applicant committed many discrediting offenses, which constituted a departure from the standards of conduct, expected of soldiers in the Army. Having examined all the circumstances, the analyst determined that the applicant’s numerous incidents of misconduct did indeed adversely affect the quality of service, brought discredit on the Army, and was prejudicial to good order and discipline. These incidents of misconduct clearly diminished the quality of the applicant’s service below that meriting a fully honorable discharge. Therefore, the analyst 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: 26 August 2011 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: DD Form 293 dated 4 November 2010. 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 XI. Certification Signature Board Vote: Approval Authority: Character - Change 0 No change 5 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: No Change RE Code: Grade Restoration: No Yes Grade: No Change 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 AR20110001717 ______________________________________________________________________________ Page 1 of 3 pages