Applicant Name:  ?????

Application Receipt Date: 2008/09/09	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The Applicant states that he has an honorable recod of service for almost 9 years but that it was blemished while in Iraq when he learned of his wife's infidelity and plans to divorce him two children).  This was devastating to him and led to one act of disobeying General Order Number 1 by consuming alcohol.  He firmly believes that the discharge was unwarranted and asks the Board to reinstate his honorable service status.

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: 060120
Discharge Received: 			   Date: 060224   Chapter: 14-12c    AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: 550th Medical Co, Fort Bragg, NC 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 051112, violation of General Order 1 (051019) by wrongful possession and consumption of alcohol, wrongful appropriation of a tool box (051020), reduction to E-4, forfeiture of $978 x 2 (FG)

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  25
Current ENL Date: 050707    Current ENL Term: 6 Years  ?????
Current ENL Service: 	00 Yrs, 07Mos, 17Days ?????
Total Service:  		08 Yrs, 10Mos, 04Days ?????
Previous Discharges: 	RA 970411-990606/HD
                                       RA 990607-030619/HD
                                       RA 030620-050706/HD
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 91J10/Medical Log Spc   GT: 100   EDU: GED   Overseas: Korea, SWA   Combat: Iraq (050117-051203)
Decorations/Awards: ARCOM-2, AAM-3, AGCM-2, NDSM, GWOTSM, KDSM, OSR-2, ASR, NCOPDR

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

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 20 January 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 misconduct—commission of a serious offense for having committed larceny of government property of a value greater than $500, for failure to obey a lawful General Oder by consuming alcohol, and for driving a government vehicle with a BAC greater than 1.0, with an under other than conditions discharge.  He was advised of his rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, unconditionally waived his right to an administrative separation board, 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 an under other than honorable conditions discharge.  The separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than 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 a careful review of all the applicant’s military records, and the issue submitted with the application, the analyst recommends to the Board that the applicant’s characterization of service be partially upgraded to general, under honorable conditions.  This recommendation was made after full consideration of his faithful and honorable service, as well as the former Soldier’s record of misconduct.  The evidence in this case supports a conclusion that the applicant’s characterization of service was too harsh, and as a result it is inequitable.  While the applicant's misconduct is not condoned, the overall length and quality of the applicant's service to include his combat service mitigated the discrediting entries in the service record.  The record shows that he faithfully served for over 8 years, earned numerous awards, attained the rank of Sergeant, and served in combat for 10 months.  Accordingly, the analyst recommends that the applicant’s characterization of service be upgraded to general under honorable conditions.  However, the analyst determined that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 12 June 2009         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 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 2    No change 3
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
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080014085
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