Applicant Name:  

Application Receipt Date: 2011/12/12	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that the DWI she received on December 11, 2010 was her first trouble as a Soldier.  There was no previous Art 15, no extra duty, nothing but hard work and love for her platoon and the Army way.  On the night she received the DWI, she does not remember driving at all.  She remembers lying down in her bed, which she had arranged at the hotel before she started drinking.  She then remembers the Anchorage police knocking on the window of her truck.  She didn't consciously drive her truck.  Although it was a direct order from her commander to take it easy that weekend as they had been in the field that weekend, she thought she had things under control with the plan she had set up.  She was wrong.  She drank too much which ultimately led to her discharge from the Army.  She believes her discharge should be reviewed for a change from under honorable conditions (General) to Honorable.  The reason is that every day in the Army she put forth 100 percent, whether it is PT or field training, or simple cleanup.  She lived up to the Soldiers Creed and she personified the Army Values.  She did what was asked of her without question and above standard.  She does not believe this one mistake should be the reason why she cannot still get the privileges of most Soldiers before her.  She knows those Soldiers did better than her by not messing up.  But she would like to believe that her mistake saved some Soldiers in her platoon, company, and unit from making the same mistake.  And since she still keeps in touch with them they can vouch for her in saying that the fact that I have to list my discharge from the Army on job applications, it has resulted in being turned down for many good jobs.  Since then she has settled for a mediocre job that enables her to just get by.  She is in the process of trying to save for school but that it is coming along very slowly.  She always planned on having her G.I. Bill.  The job market is hard right now but she believes that it is even harder for a Veteran with her discharge.  Her discharge shows that she can be reliable and hardworking but at the same time at any moment she can mess up and make a company look undesirable.  One offense is all she has but yet it looks like she has a history of bad behavior.  If her discharge was changed to Honorable, she’ll definitely make the United States Army proud, as well as, make a name for herself.  She expresses her appreciation for the Board’s time and “God Bless.”

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: 110505
Discharge Received: 			   Date: 110630   Chapter: 14-12c    AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: HHC, 425th Brigade Special Troops Battalion (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:  19
Current ENL Date: 080305    Current ENL Term: 5 Years  ?????
Current ENL Service: 	03 Yrs, 03 Mos, 26 Days ?????
Total Service:  		03 Yrs, 03 Mos, 26 Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 31B (Military Police)   GT: 110   EDU: HS Grad   Overseas: SWA   Combat: Afghanistan (090301-100301)
Decorations/Awards: ARCOM; AAM; AGCM; NDSM; ACM-CS; GWOTSM; ASR; NATO MDL; VUA

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

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 5 May 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—for driving under the influence of alcohol (101207), with a general, under honorable conditions discharge.  She was advised of her rights.  
       
       On 5 May 2011, the applicant waived consultation with a legal counsel, indicated she understood 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 2 June 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 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.  The analyst noted that 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 by abusing alcohol, the applicant knowingly risked a military career, and the misconduct diminished the quality of service below that meriting a fully honorable discharge.  
       
       The analyst noted the applicant's issues about her desire to have better job opportunities and the benefits of the GI Bill.  However, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  Additionally, 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.
       
       In addition, the analyst acknowledges the applicant's in service accomplishments as stated in her 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: 25 May 2012         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: On line application, dated 2 December 2011

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 0    No change 5
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: NA
Other: NA
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 AR20110024454
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