Applicant Name:  

Application Receipt Date: 2008/04/04	Prior Review: No    Prior Review Date: 

I.  Applicant Request:  Change to General and Change Reason for Separation
REASON: No    REASON CHANGE: No    RE CODE CHANGE: No

Issues: 105.0200 Mental Incompetency/Capacity 
 


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

See Attachments:  
       Legal: No    Medical: No    Minority Opinion: No    Exhibits: No

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	Dishonorable Discharge Cert   Date: Not In File
Discharge Received:	Not Applicable	   Date: Not In File  
Chapter: 32r32   Regulation: AR 135-178
Reason: frewrew	   RE: RE-2     SPD: r23  
Unit/Location: 32r32 / 23r32r

Time Lost: 




Article 15s and Courts-Martial (Charges/Dates/Punishment): 

Offense: efewew 
Offense Date: 2004/04/04 
Punishment: ewrwe 


Counseling Records Available: No

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 1995/04/04   Current ENL Term: 23 Years  
Current ENL Service: 	3 Yrs, 3 Mos, 3 Days 
Total Service:  		3 Yrs, 31 Mos, 2 Days 

Previous Discharges: 




Highest Grade:	YD-03 - Civilian - NSPS YD-03	Performance Ratings Available: Not In File
MOS: 1212  GT: Not In File  EDU: Not In File  
Overseas/Combat Record:

Decorations/Awards: 




V.  Post-Discharge Activity
City, State:  mclean,VA 22102
Post Service Accomplishments: 
dsffe

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances: 
       The Board carefully examined the available records for the period of enlistment under review.  The applicant's record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army.  However, the applicant's record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty).  This document identifies the reason and characterization of the discharge and the analyst presumed Government regularity in the discharge process.  That DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 12c(1) by reason of misconduct-commission of a serious offense-AWOL, with a characterization of service of general, under honorable conditions.  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.  Barring evidence to the contrary, the Board was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  Further, 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.  The analyst, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief.
       

       b.  Legal Basis for Separation:  
       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.  Retention is normally only considered in exceptionally meritorious cases when clearly in the best interests of the Army.  Because of the civilian conviction, the applicant diminished the quality of service below that meriting a fully honorable (or general discharge).  (The Board noted that an Administrative Separation Board was properly conducted and that the separation authority determined the specific offenses warranted separation.)  The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that his (her) service mitigated the misconduct or poor duty performance.  The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief.
       
       
       c.  Response to Issues, Recommendation and Rationale:
       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.  Retention is normally only considered in exceptionally meritorious cases when clearly in the best interests of the Army.  Because of the civilian conviction, the applicant diminished the quality of service below that meriting a fully honorable (or general discharge).  (The Board noted that an Administrative Separation Board was properly conducted and that the separation authority determined the specific offenses warranted separation.)  The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that his (her) service mitigated the misconduct or poor duty performance.  The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief.
       
       
VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: ADRB	Date: 2010/01/01         Location: Washington, D.C.

Did the Applicant Testify?  Yes

Did the Applicant Appear?  No

Counsel: 3r2

Witnesses/Observers: 32r23

Exhibits Submitted: 32r32

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.  The Board noted that the applicant was enrolled in the Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) and was aware of the consequences of any action which would demonstrate any inability or refusal to participate in, cooperate in, or successfully complete such a program.  As a result of the applicant's actions and after consultation with the drug and alcohol abuse counselor, the command declared the soldier a rehabilitation failure.  The evidence of record establishes the fact that the applicant was properly counseled and afforded a reasonable opportunity to overcome his problems.  The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief.

        
IX.  Board Decision						

Board Vote:
Character – 
1 Change 0   No Change 
Reason -    
0 Change 1   No Change 
(Board member names available upon request)

XI.  Certification Signature
Approval Authority:


EDGAR J. YANGER			 
Colonel, U.S. Army
President, Army Discharge Review Board


X.  Board Action Directed
Issue a new DD Form 214  Yes				
Change Characterization to:	General Discharge		         
Change Reason to: No Change
Other:	wfew									
RE Code: RE-3									 
Grade Restoration: No   Grade: 
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090013506
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