Applicant Name:  ?????

Application Receipt Date: 2011/04/29	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, an officer in her unit (CPT G) wrote a false statement against her to get her chaptered out of the Army, and that she has written proof that the officer's statement is false.  She adds the officer is not being investigated because he has received so many complaints.  She states further, in effect, that she did not receive the false statement until after she had started to clear.  She states many people in her chain of command, to include in her battalion, have disagreed with the officer's (CPT G's) decision.  She states, in effect, the situation occurred almost a year ago, and until this happened he never spoke with her.  She concludes, in effect, that the officer called her a liar, yet turned around and wrote a false statement behind her back, and that she has written prove the officer lied and made up something to cover his tracks.  

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: 110202
Discharge Received: 			   Date: 110328   Chapter: 14-12c       AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: HHC, 725th Bde Spt Bn (Airborne), Joint Base Elmendorf-Richardson, AK 

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:  25
Current ENL Date: 100108    Current ENL Term: 2 Years  ?????
Current ENL Service: 	03 Yrs, 04 Mos, 09 Days ?????
Total Service:  		03 Yrs, 04 Mos, 09 Days ?????
Previous Discharges: 	RA (071120-100107) / HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 92R (Parachute Rigger)   GT: 96   EDU: HS Grad   Overseas:  Alaska, SWA   Combat: Afghanistan (090310-100308)
Decorations/Awards: ACM-CS; AM; NDSM; GWOTSM; ASR; OSR x 2; NATOMDL; PRCHTBAD

V.  Post-Discharge Activity
City, State:  Anchorage, AK
Post Service Accomplishments: None

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 2 February 2011, 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—she was apprehended for driving while under the influence of alcohol, with a general, under honorable conditions discharge.  She was advised of her rights.  
       
       On 7 February 2011, the applicant consulted with legal counsel, was advised of the impact of the discharge action and did not submit a statement in her 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.  
       
       On 3 March 2011, the separation authority waived further rehabilitation and directed the applicant’s discharge 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 carefully examining the applicant’s record of service during the period of enlistment under review and the issue and documents submitted with the application, the analyst determined that the discharge was both proper and equitable.  
       
       The applicant, by violating the Army's policy not to abuse alcohol compromised the special trust and confidence placed in a Soldier.  The applicant, as a Soldier, had the duty to support and abide by the Army's alcohol abuse policies.  By abusing alcohol, the applicant knowingly risked a military career, and the misconduct diminished the quality of her service below that meriting a fully honorable discharge.  
       
       The applicant contends that an officer in her unit wrote a false statement against her to get her chaptered out of the Army but provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the presumption of regularity should not be applied in this case.  The analyst acknowledges the applicant refuting the statement provided by an officer in her command; however, documentary evidence in her separation packet shows the battalion commander initiated her separation process based upon her being apprehended and convicted by civil authorities for driving under the influence of alcohol.  Army Regulation 635-200, in pertinent part, stipulates that a Soldier may be considered for discharge when action is taken that is tantamount to a finding of guilty when a punitive discharge is authorized for a similar offense under the Manuals for Court Martial.  The record indicates that the chain of command's recommendations considered all aspects of her service record and the alleged misconduct, and saw it fit to recommend a general, under honorable conditions discharge.  The analyst found no evidence of arbitrary or capricious actions by the command and was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.
       
       In view of the foregoing, the analyst determined that the characterization of service and reason for discharge 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: 16 November 2011         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: ACTS application and a self-authored statement with enclosures, dated 26 April 2011; Memorandum for Record, dated 1 March 2011, by the commander, CPT Gorman; and State of Alaska, Department of Corrections memorandum,dated 15 April 2011, Location History Listing, and Time Accounting Record.

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: NA
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA

Official:




BONITA E. TROTMAN
Lieutenant Colonel, U.S. Army
Chief, 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 AR20110009328
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