Applicant Name: ?????
Application Receipt Date: 2008/02/07 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 and attached documents submitted by the Applicant.
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: 071009
Discharge Received: Date: 071031 Chapter: 14-12b AR: 635-200
Reason: Pattern of Misconduct RE: SPD: JKA Unit/Location: Rear Detachment (Provisional), 1st BN, 28th Infantry Regiment, Ft Riley, KS
Time Lost: AWOL X2 for 8 days (070901-070905 & 070915-070917), mode of return unknown
Article 15s (Charges/Dates/Punishment): 070611, fail to go at the time prescribed to your appointed place of duty X4 (070131, 070210, 070422, 070427); broke medical quarantine X2 (070127 & 070226), reduction to E2, forfeiture of $729 pay and extra duty for 45 days (FG)
070806, failed to go at the time prescribed to your appointed place of duty (070716), wrongful previous overindulgence in intoxicating liquor or drugs incapacitated for the proper performance of your duties (070717), reduction to E1, forfeiture of $650 pay per month for 2 months, extra duty 45 days and restriction for 45 days (FG)
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 19
Current ENL Date: 050919 Current ENL Term: 3 Years 18 weeks
Current ENL Service: 02 Yrs, 01Mos, 04Days ?????
Total Service: 02 Yrs, 01Mos, 04Days ?????
Previous Discharges: None
Highest Grade: E3 Performance Ratings Available: Yes No
MOS: 11B/Infantryman GT: 83 EDU: HS Grad Overseas: None Combat: None
Decorations/Awards: NDSM, GWOTSM, ASR
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 9 October 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct for pattern of misconduct in that he failed to go several times to the prescribed appointed place of duty, and as a result of wrongful previous overindulgence in intoxicating liquor or drugs was incapacitated for the proper performance of his duties, 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. 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 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 applicants military records, and the issue he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The applicants 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 applicants service mitigated the misconduct or poor duty performance. The record does not support the applicants contention, and no evidence to support it has been submitted by the applicant, that his discharge was the result of any medical condition. 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: 21 November 2008 Location: Washington, D.C.
Did the Applicant Testify? Yes No
Counsel: NA
Witnesses/Observers: NA
Exhibits Submitted: NA
VIII. Board Discussion, Determination, and Recommendation
After carefully examining the applicants record of service during the period of enlistment under review and considering the analysts 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
President, Army Discharge Review Board
Issue a new DD Form 214
Change Characterization to:
Change Reason to: No Change
Other: NA
RE Code:
Grade Restoration: No Yes Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20080002260
______________________________________________________________________________
Page 3 of 3 pages
ARMY | DRB | CY2009 | AR20090007610
Facts and Circumstances: On 8 July 2008, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 9, AR 635-200, for drug abuse rehabilitation failure in that he was enrolled in the ASAP and was arrested for driving while intoxicated (070916), received a GOMOR for driving under the influence of alcohol (070916), and as a result of wrongful previous overindulgence in intoxicating liquor or drugs, incapacitated for the proper performance of...
ARMY | DRB | CY2009 | AR20090001061
The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. On 12 December 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. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change...
ARMY | DRB | CY2008 | AR20080017710
Applicant Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 submitted by the Applicant. Facts and Circumstances: The evidence of record shows that on 10 May 2006, 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 misconductfor operating a motor vehicle under the influence of alcohol, wrongfully having a breath alcohol content greater than .05 grams of alcohol per...
ARMY | DRB | CY2009 | AR20090006599
Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on 25 March 2009, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 12b, AR 635-200, for pattern of misconduct in that his misconduct range from driving under the influence of alcohol; being incapacitated for the proper performance of his duties because of the wrongful previous overindulgence in intoxicating liquor; being drunk on duty,...
ARMY | DRB | CY2009 | AR20090008694
Applicant Name: ????? The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. On 3 September 1999, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions.
ARMY | DRB | CY2009 | AR20090007692
Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on 27 January 2000, 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 a lack of discipline and military bearing as expressed in numerous counselings for missing formation and being AWOL, additionally receiving two FG Articles 15, one for overindulgence in intoxicating liquor or drugs and...
ARMY | DRB | CY2007 | AR20070016121
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. On 19 January 2007, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review...
ARMY | DRB | CY2010 | AR20100021566
Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on 7 October 2008, 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 pattern of misconduct for two periods of AWOL (080911-080917 & 080917-080924),failed to report for duty on numerous occasions, failed to obey lawful commands and orders, made false official statements, and wrongfully indulged in...
ARMY | DRB | CY2007 | AR20070016731
Facts and Circumstances: Evidence of record shows that on 2 March 2004, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconductpattern of misconduct, in that you wrongfully used cocaine, between on or about (031201-031208), AWOL from (031008-031013), derelict in the performance of your duties, with intent to deceive, sign an official record DA Form 31, which was false, failed to be at your appointed...
ARMY | BCMR | CY2011 | AR20110002726
Applicant Name: ????? On 1 April 2008, 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. On 18 April 2008, the separation authority waived further rehabilitative efforts and directed the applicants discharge with a characterization of service of general, under honorable conditions.