Applicant Name:  ?????

Application Receipt Date: 081110	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 submitted by the Applicant.  Applicant states, "My discharge was inequitable because it was based on one isolated incident.  I would like to reenter the military but I will be unable to get a security clearance with my current discharge and reentry code.  I also request that my reentry code be upgraded also."

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: 060510
Discharge Received: 			   Date: 060707  (DD Form 214, block 12b should read 060714 pursuant to Orders 192-0272, HQ, 82d ABN Div, Ft. Bragg, NC, dated 11 July 2006.)   Chapter: 14-12c    AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: HHC, 3rd Bde Special Troops Bn, 505th Parachute Infantry Regiment, 82nd Airborne Div, Ft. Bragg, NC 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 060308, Wrongful intoxication while on DRB-1 status (060225), wrongful overindulgence in intoxicating liquor or drugs for the proper performance of his duties (060225), wrongfully failed to follow prescribed preventive measures (060110); Reduction to E4, forfeiture of $1009.00 pay per month for two months, suspended, extra duty for 45 days (FG).

(Previous Discharge)  050626, Incapacitated for the proper performance of his duties as a result of wrongful previous overindulgence in intoxicating liquor  (041101); Reduction to E4, suspended, forfeiture of $250.00 pay per month for one month, extra duty 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:  28
Current ENL Date: 060215    Current ENL Term: 04 Years  ?????
Current ENL Service: 	00 Yrs, 04 Mos, 29 Days Pursuant to Orders 192-0272, dated 11 July 2006, the Applicant's DD Form 214, block c, should read, 07 years/00 months/09 days.
Total Service:  		08 Yrs, 04 Mos, 18 Days Applicant's DD Form 214, block 12e, erroneously reads 00 years/06 months/17 days; however, the entry should read 01 years/04 months/08 days.  
Previous Discharges: 	RA  010910-060214/HD
                                       RA  990706-010909/HD
                                       IADT  980917-981218/UNC
                                      USAR 980227-060228/HD  (Concurrent Service)
Highest Grade: E5		Performance Ratings Available: Yes    No 
MOS: 21B  Combat Engineer   GT: 100   EDU: GED   Overseas: Republic of Korea, SWA   Combat: Iraq (030906-040306)
Decorations/Awards: ARCOM (3), AAM (3), AGCM, NDSM, GWOTEM, GWOTSM, KDSM, NCOPDR, ASR

V.  Post-Discharge Activity
City, State:  Fayetteville, NC
Post Service Accomplishments: None submitted by the Applicant.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  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 misconduct—for operating a motor vehicle under the influence of alcohol, wrongfully having a breath alcohol content greater than .05 grams of alcohol per 210 liters of breath while on Division Ready Brigade One Status, and was, as a result of prior overindulgence in intoxicating liquor, incapacitated for the proper performance of his duties on 25 February 2006, with an under other than honorable discharge.  Government regularity presumes the Applicant was advised of his rights, consulted with legal counsel, and was advised of the impact of the discharge action.  Following the unit commander's  recommended separation from the service and waiver of further rehabilitative efforts, the intermediate commanders reviewed the proposed discharge action and recommended approval of the separation action with a general under honorable conditions discharge.  On 9 June 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 record of evidence contains two (2) General Officer Memorandum of Reprimand (GOMR).  The first GOMR, dated 11 April 2000, reprimanded the Applicant for driving a motor vehicle in Killeen, Texas, while intoxicated on 20 March 2000.  The second GOMR, dated 14 January 2002, reprimanded the Applicant for driving a motor vehicle in Harker Heights, Texas, while intoxicated on 20 October 2001.

       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 an NCO.  The Applicant, as an NCO, had the duty to support and abide by the Army's alcohol abuse policies.  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.  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.  Further, in the absence of information to the contrary, the Analyst was satisfied that all requirements of law and regulation were met and the rights of the Applicant were fully protected throughout the separation process.  Additionally, the analyst noted the Applicant's issue, however, contrary to the Applicant's assertion, the record of evidence contains more than one isolated incident of misconduct.  Lastly, at the time of discharge the Applicant was appropriately assigned a reentry eligibility (RE) code of “3.”  If reenlistment is desired, the Applicant should contact the local recruiter to determine eligibility to reenlist.  Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes.  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 August 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 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: No Change										
RE Code: 
Grade Restoration:   No   Yes   Grade: No Change
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080017710
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