Applicant Name:  ?????

Application Receipt Date: 2008/09/29	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "I have a service-connected psychotic disorder, diagnosed by the VA after separation.  If a full psychiatric evaluation had been given at discharge I would have been diagnosed then.  If I was in my right mind I would not have acted the way I did.  I also request a change of narrative reason for separation from "misconduct" to "disability" of some sort."

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: 031021
Discharge Received: 			   Date: 031113   Chapter: 14-12c       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKQ   Unit/Location: B Co, 44th Signal Bn, APO AE 09086 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 030805, disrespectful in language towards a SSG (030622), fled apprehension by an armed forces policeman  (030622), operate a passenger car with an alcohol concentration of .287 grams of alcohol per 210 liters of breath or greater (030622), left the scene of a vehicle accident (030622), and drunk and disorderly,  which conduct was of nature to bring discredit upon the armed forces (030622); reduction to E-1, forfeiture of $575 (suspended), extra duty for 45 days and restriction for 45 days (FG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  21
Current ENL Date: 020430    Current ENL Term: 4 Years  ?????
Current ENL Service: 	01 Yrs, 06Mos, 14Days ?????
Total Service:  		01 Yrs, 06Mos, 14Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 31R10 Multichannel Transmission System Operator/Maintainer   GT: 121   EDU: 13/8 Years   Overseas: Germany   Combat: None
Decorations/Awards: NDSM, ASR

V.  Post-Discharge Activity
City, State:  El Reno, OK
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 14 October 2003, 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 driving a passenger car with an alcohol concentration of .287 grams of alcohol per 210 liters of breath, and got involved in an accident (030622), fled the scene of a vehicle accident, fled apprehension by an armed forces policeman, drunk and disorderly, disrespectful to superiors by using language unbecoming of a Soldier, and his conduct was of nature that brought discredit upon the armed forces, 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 3 November 2003, 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's record contains a General Officer Memorandum of Reprimand dated 11 July 2003, for driving under the influence of alcohol (Administrative).

       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 applicant’s military records during the period of enlistment under review, the issues and documents he submitted with the application, 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,  the analyst noted the applicant's issue requesting that his narrative reason be changed to disability instead of misconduct; however, the evidence of record shows that the applicant was discharged under the provisions of Chapter 14, Paragraph 14-12c, AR 635-200, by reason of misconduct-commission of a serious offense for driving a passenger car with an alcohol concentration of .287 grams of alcohol per 210 liters of breath, and got involved in an accident, fled the scene of a vehicle accident, fled apprehension by an armed forces policeman, drunk and disorderly, disrespectful to superiors by using language unbecoming of a Soldier, and his conduct was of nature that brought discredit upon the armed forces, which constituted incidents of misconduct.  Further , the evidence of record shows that the applicant was evaluated by competent medical authority and was psychiatrically cleared for any action deemed appropriate by command and was not the result of any medical condition.  In view of the foregoing, 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: 15 July 2009         Location: Washington, DC

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 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: No Change
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080015713
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