Application Receipt Date: 060710	

Prior Review    Prior Review Date: None

I.  Applicant Request
Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he believe his discharge should be upgraded from general under honorable conditions to an Honorable discharge. I got back from Sadr city, Iraq in march 2005.since I came back I have been drinking heavily. I had a problem. I was stationed at Ft. hood and changed station to Ft.Knox in June 2005.I have never been in any trouble in my 4 years of service up until I got two DUI's within months of one another. My command did reduce me in rank from Sergeant to Specialist and enrolled me in the army substance abuse program. I was in compliance with the program but I never got the chance to finish the two week program. I  was discharged before the program was completed .I feel I was not given a fair chance to be rehabilitated. Anyone knows rehabilitation from alcoholism can't happen overnight . I have stopped drinking for 6 months now and go to counseling. I  want to enlist back in the army but can't for two years because of my RE code. In the mean time I want to go to college. I do have my Gi bill but with a general discharge I can't qualify for any pell grants. I feel my service in Iraq and dedication to my country deserves more credit then is being received.

II.  Were Proper Discharge and Separation Authority procedures followed?  
Yes    No        Tender Offer:   ?????

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Original Character of Discharge
Unit CDR Recommended Discharge:    Date: 060427
Discharge Received:     Date: 060509   
Chapter: 14    AR: 635-200
Reason: Pattern of Misconduct
RE:     SPD: JKA
Unit/Location: HQ & HQ Company, 2-81st Armor Regiment, 1st ATB, Fort Knox, KY  40121 

Time Lost: None

Article 15s (Charges/Dates/Punishment): None

General Officer Letter of Reprimand-for driving while under the influence of intoxicants (Administrative).

Court-Martials (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  821206  
Current ENL Date: Reenl/041002    Current ENL Term: 3 Years  ?????
Current ENL Service: 1 Yrs, 7 Mos, 8 Days ?????
Total Service:  4 Yrs, 10 Mos, 19 Days ?????
Previous Discharges: RA-010621-041001/HD
Highest Grade: E5 (The applicant was reduced to the rank of SPC/E4 by an Administrative Reduction Board due to his misconduct: Two DUI's.
Performance Ratings Available: Yes    No 
MOS: 19K10 Armor Crewman   GT: 102   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (040303-050305)
Decorations/Awards: ARCOM, AAM (2), GCMDL, ASR, OSR, 
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: See DD Form 293

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 27 April 2006, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—pattern of misconduct (your conduct on and off duty is entirely incompatible with military service, your lack of maturity and failure to perform as a productive member of the United States Army can no longer be tolerated. You have two Driving Under the Influence (DUI) offenses, 28 August 2005 and 12 January 2006), with a general, under honorable conditions discharge.  He was advised of his rights.  The applicant consulted with 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.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.  On 2 May 2006, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. 
      
      The applicant has a Military Police Report dated (050906) and a Civilian Police Report dated (050828) in his Official Military Personnel File. 

      b.  Legal Basis for Separation:  
      Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 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, but a general discharge 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 he submitted, the analyst found no mitigating factors that 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 his 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.  Furthermore, eligibility for veteran's benefits to include educational benefits under the Montgomery GI Bill does not fall within the purview of this Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.  In view of the foregoing, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable.  
      
      
      
      
      
      

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 20 June 2007              
Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: N/A

Witnesses/Observers: N/A 

Exhibits Submitted: N/A




VIII.  Board Decision
The discharge was:			Proper	 	Improper	
				                 	Equitable	 	Inequitable	

The characterization of service was:   Proper	 	Improper	
				                 	Equitable	 	Inequitable	

The narrative reasons were: 	       	Equitable	 	Inequitable	

DRB voting record:  		      Change 3    No change 2   - Character
		 			      Change 0    No change 5   - Reason
					      (Board member names available upon request)

IX.  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 characterization of service was too harsh and as a result, it is inequitable.  The Board found that the overall length and quality of the applicant's service, to include his combat service mitigated the discrediting entry in his service record.  Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to fully honorable.  However, the Board determined that the reason for discharge was both proper and equitable, and voted not to change it.  




















Case report reviewed and verified by: Mr. Ron Williams, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: None
Other: None
RE Code:  
Grade Restoration:   No   Yes  Grade: None

XI.  Certification Signature and Date
Approval Authority: 

MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


MARY E. SHAW				DATE: 29 June 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060009789

Applicant Name:  Mr.        
______________________________________________________________________


Page 6 of 6 pages