Applicant Name:  ?????

Application Receipt Date: 2011/05/06	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, his discharge was inequitable because he was involved in alcohol related incidents in which he enrolled himself into an Alcohol Substance Abuse Program which he completed successfully.  Before, and during the program, he was never given any other adverse action.  Once he finished the program, his command began separation procedures.  His work performance was good, he never got into any trouble, and he always did what he was told.  He received multiple coins for his duty performance, and he was previously discharged from the Army Reserves with an honorable discharge.  With his active and reserve time, he had 3 years of service.  With this discharge he is unable to find a job or collect VA benefits.  He wants to enroll in a school to further improve his future.  He recently became a U.S citizen, and is planning to get involved with politics.   

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: 110310
Discharge Received: 			   Date: 110416   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: 19th Adjutant General Company (Postal), Special Troops Battalion-Korea  

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:  21
Current ENL Date: 100329    Current ENL Term: 03 Years  02 Weeks
Current ENL Service: 	01 Yrs, 00Mos, 18Days ?????
Total Service:  		01 Yrs, 00Mos, 18Days ?????
Previous Discharges: 	100328 (USAR)
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 91B10/Wheeled Vehicle Mechanic   GT: 89   EDU: HS Grad   Overseas: Korea (100824-110416)   Combat: None
Decorations/Awards: NDSM, GWOTSM, KDSM, ASR.

V.  Post-Discharge Activity
City, State:  Los Angeles, CA
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 on 10 March 2011, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, by reason of misconduct for being arrested by Korean Police for destruction of private property and for being disrespectful to a senior noncommissioned officer, with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 15 March 2011, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement in his own behalf.  However, the applicant's statement is not part of the available record.  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 23 March 2011, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions. 
       
       The record contains a Military Police Report in reference to the applicant's offense of wrongfully damaging private property dated 16 October 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, and the issue and documents 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 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 the former Soldier’s 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.  
       
              Furthermore, the analyst noted the applicant's issue and ound no evidence of arbitrary or capricious actions by the command.  It is noted that the applicant self enrolled himself into an Alcohol Substance Abuse program; however, this action was taken after he was involved in two alcohol related incidents.  The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.

             The analyst acknowledges the applicant’s in-service accomplishments and considered the quality of his service while serving in the Army Reserves during the initial portion of the enlistment under review.  However, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge as shown by the repeated incidents of misconduct or by the multiple negative counseling statements. 

             The analyst noted the applicant's issue of the challenge to find employment; however, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  Further, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.

             The analyst acknowledges the applicant's successful transition to civilian life and his efforts in becoming a U.S. citizen, and his desire to become involved in politics.  However, in review of the applicant’s entire service record, the analyst found that these accomplishments did not overcome the reason for discharge and characterization of service granted.  
       
       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: 16 November 2011         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: Online application dated 12 May 2011, DD Form 214, Discharge Certificate, dated 28 March 2010, Congratulations letter for becoming a U.S. citizen from the President of the U.S., and discharge orders from the U.S. Army Reserves, dated 6 April 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: ?????
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: ????

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 AR20110009921
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