Applicant Name:  ?????

Application Receipt Date: 2009/04/10	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "1. My character of separation should be Alcohol Rehibilitation failer not Pattern of Misconduct.  I would like to upgrade my discharge of Under Honorable conditiond to a Full Honorable.  1.I was diagnosed with alcohol dependacy.  Alcohol also played a key role in all of my misconduct.  My company commander had recommended for discharge for alcohol failer.  I believe the command was tired of me and did not want to go through the extra paperwork.  My First Sargeant also told me on numuos occations that he would "screw me for life if  i was dscharged".  Since being discharged i have been diagnosed with Bipolar and sever depression.  It has been documented that i was having sever mood swings and the alcohol was being used to level me out While i was in the military.  The Separation code used "JKA" in a medical code.  I was given a Bar to reeenlistment because of my mental state.  I tried to tell people i had mental problems however no one listened.  Since being out i have not been in trouble and have completed a year long rehab.  I also take my medication.  See all dovuments attached."

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: 060626
Discharge Received: 			   Date: 060721   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: USA Dental Activity, Tripler AMC, HI 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 040617, wrongfully possessing and consuming alcoholic beverages while under the age of 21 (040521); reduction to E1, suspended, to be automatically remitted if not vacated on or before (041214), forfeiture of $597 pay per month for one month, suspended, to be automatically remitted if not vacated on or before (041214), extra duty for 45 days, restriction for 45 days, suspended, to be automatically remitted if not vacated on or before (041214) (FG).

041213, disorderly conduct to bring discredit upon the armed forces (041108), and wrongfully communicated a threat to another Soldier (041108); forfeiture of $597 pay per month for two months, suspended,  to be automatically remitted if not vacated on or before (050610), extra duty and restriction for 45 days (FG).

060424, disrespectful in language toward a NCO (060323), extra duty for 14 days (SUMM).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 030708    Current ENL Term: 6 Years  ?????
Current ENL Service: 	3 Yrs, 00Mos, 14Days ?????
Total Service:  		3 Yrs, 00Mos, 14Days ?????
Previous Discharges: 	None
Highest Grade: E2		Performance Ratings Available: Yes    No 
MOS: 91E10 Dental Specialist   GT: 94   EDU: HS Grad   Overseas: HI   Combat: None
Decorations/Awards: NDSM, GWOTSM, ASR

V.  Post-Discharge Activity
City, State:  Martinsburg, WV
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 21 June 2006, 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 pattern of misconduct for receiving a FG Article 15 for possessing and consuming alcoholic beverages while underage (040617), receiving a FG Article 15 for being disorderly and verbally communicating a threat to a Soldier (041213), receiving a Summarized Article 15 for being disrespectful in language towards a NCO (060424), in addition he disobeyed the orders of his superior commissioned officer by consuming alcohol on divers occasions (060530 and 060616), being disrespectful and willfully disobeyed the orders of several NCOs (060530-060616), disorderly by being belligerent & uncooperative with the MPs (060529) and went beyond the limits of the restrictions imposed on (060613 & 060614), 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 27 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 contains a MP Report dated 30 May 2006.

       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 and documents 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 the former Soldier’s service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  By the misconduct, the applicant diminished the quality of 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 and determined he was discharged under the provisions of Chapter 14, Paragraph 14-12b, AR 635-200.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Pattern of Misconduct", and the separation code is "JKA."  Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be entered under this regulation.  
       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: 22 January 2010         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: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090006139
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