Applicant Name:  ?????

Application Receipt Date: 2009/02/04	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See enclosed DD Form 293 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: 000822
Discharge Received: 			   Date: 001016   Chapter: 14-12b       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKA   Unit/Location: Medical Company, United States Army Medical Department Activity-Alaska, Fort Wainwright, AK 

Time Lost: AWOL for 8 days (000628-000705), mode of return unknown.  However, this period of AWOL is not annotated on the DD Form 214 block 29, dates of time lost during this period. 

Article 15s (Charges/Dates/Punishment): The evidence of record shows that the applicant was administratively reduced to SGT/E-5.

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  35
Current ENL Date: 990812    Current ENL Term: Indef Years  ?????
Current ENL Service: 	01 Yrs, 02Mos, 05Days block 12a on the DD Form 214 date entered active duty this period, is incorrect, should read (880720), see initial enlistment contract.
Total Service:  		17 Yrs, 03Mos, 12Days block 12e on the DD Form 214 total prior inactive service, is incorrect, should read 01 Yrs, 00 Mos, 19 Days. 
Previous Discharges: 	USAR-830705-831207/NA
                                       RA-831208-871204/HD
                                       USARCG-871205-880719/NA
                                       RA-880720-920218/HD
                                       RA-920219-950802/HD
                                       RA-950803-990811/HD
Highest Grade: E-6		Performance Ratings Available: Yes    No 
MOS: 91M20 Food Service Spec   GT: 116   EDU: GED   Overseas: Alaska   Combat: None
Decorations/Awards: ARCOM, AAM-6, AGCM-4, NDSM, NCOPDR-2, ASR, OSR

V.  Post-Discharge Activity
City, State:  Fairbanks, AK
Post Service Accomplishments: None Listed




 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 22 August 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-pattern of misconduct for being convicted of driving while intoxicated, due to his civil conviction an administrative reduction board met, provided guidelines for the applicant to meet within a certain time period, he failed to meet those guidelines and was reduced in grade, the applicant was AWOL (000628-000705), misused his Government travel card and failed to report, 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, requested consideration of his case by an administrative separation board, and did not submit a statement in his own behalf.  On 23 August 2000, again the applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an administrative separation board contingent upon him receiving a characterization of service no less favorable than an honorable discharge, and submitted 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 19 September 2000, the applicant elected to waive his right to legal counsel and is right to an administrative separation board.  On 6 September 2000, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions discharge.
       
       The applicant's record contains a General Officer Memorandum of Reprimand (GOMOR) dated 17 March 2000, for driving while intoxicated (Administrative). 
       
       The applicant's record contains a Military Police Report dated 15 March 2000, with additional offenses, subjects, victims, and persons related to the report.
       
       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 and the  issues he submitted, 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 in reference to him receiving treatement for alcoholism instead of being discharged; however, the evidence of record shows that the applicant was referred to the Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) on 17 March 2000, while serving on active duty.  Further, the analyst found no evidence of arbitrary or capricious actions by the command.  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 considered the applicant’s quality of service during the initial portion of the enlistment under review.  However, this service was determined not to be sufficiently meritorious to warrant an upgrade to the characterization of discharge.  Finally, the analyst noted the many accomplishments outlined with the application and in the supporting documents in his Official Military Personnel File (OMPF).  However, in review of the applicant’s entire service record, the analyst found that these accomplishments did not overcome the reason for discharge and characterization of service granted.  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: 6 November 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 AR20090005767
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