Applicant Name:  

Application Receipt Date: 2009/02/26	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See enclosed DD Form 293 submitted by 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: 070226
Discharge Received: 			   Date: 070323   Chapter: 14-12(c)       AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: 7th Chem Co, 83rd Chem Bn, Fort Polk, LA 

Time Lost: None

Article 15s (Charges/Dates/Punishment):  070125 – in that you, did at or near Fort Polk, on or about 8 December 2006 at approximately 0900 hours, violate a lawful general regulation, to wit:  JRTC & Fort Polk Regulation 210-1, dated 13 January 1998, by wrongfully possessing or consuming alcohol while on a field exercise, violation of Article 32; reduction to E2, forfeiture of $333.00 per month for one month, extra duty and restriction for 14 days. (CG)

060309 - having knowledge of a lawful order issued by the company commander, to wit: Policy Letter 1-5, Alcohol Consumption Policy, dated 11 January 2006, an order which it was your duty to obey, did, at or near New Llano, Louisiana, on or about 28 January 2006, fail to obey the same by wrongfully consuming alcoholic; reduction to E3, forfeiture of $370.00 pay for one month, suspended, to be automatically remitted if not vacated before 6 September 2006, extra duty for 14 days, restriction to the limits of place of duty, place of worship, DFAC for 14 days. (CG)

041117 - having knowledge of a lawful order issued by the Fort Polk Commanding General, to wit: Paragraph (2)b., Command Policy Memorandum CSM-01, an order issued which was her duty to obey, did at the 7th Chemical Company barracks on or about 15 November 2004, failed to obey the same by wrongfully possessing alcohol in your room when you are under the age of 21; 7 days extra duty and restriction (SUMM)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 031007    Current ENL Term: 4 Years  ?????
Current ENL Service: 	3 Yrs, 5Mos, 17Days ?????
Total Service:  		3 Yrs, 5Mos, 17Days ?????
Previous Discharges: 	None
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 74D10 Chemical Ops Spec   GT: 116   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, GWOTSM, HSM, ASR

V.  Post-Discharge Activity
City, State:  
Post Service Accomplishments: None provided by applicant.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
              The evidence of record shows that on 26 February 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 12c, AR 635-200, by reason of misconduct—for on or about 8 December 2006, wrongfully violated a lawful General Regulation by wrongfully possessing or consuming alcohol while on a field exercise with a general, under honorable conditions discharge.  She was advised of her rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in her 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.  Although the memorandum is not dated, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions.
       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.    There was a full consideration of all faithful and honorable service as well as the infractions of discipline, the extent thereof, and the seriousness of the offenses.  The analyst determined that the applicant’s discharge was appropriate because the quality of 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 the former Soldier’s 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 issue that the offenses were minor and isolated.  However, the analyst concluded that the applicant committed many discrediting offenses, which constituted a departure from the standards of conduct expected of Soldiers in the Army.  Having examined all the circumstances, the analyst determined that the applicant’s numerous incidents of misconduct did indeed adversely affect the quality of service, brought discredit on the Army, and was prejudicial to good order and discipline.  These incidents of misconduct clearly diminished the quality of the applicant’s service below that meriting a fully honorable discharge. Further, the applicant was discharged under the provisions of Chapter 14, AR 635-200, by reason of misconduct (serious offense) with a general, under honorable conditions discharge.  The narrative reason for separation is governed by specific directives.  The applicant was discharged under the provisions of Chapter 14-12(c), AR 635-200.  The narrative reason specified by Army Regulations for a discharge under this paragraph is Misconduct (Serious Offense) and the separation code is "JKQ."  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 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: 25 January 2010         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: Yes

Witnesses/Observers: Yes 

Exhibits Submitted: None

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review, hearing his testimony and considering the analyst’s recommendation and rationale, the Board determined that the discharge was both proper and equitable, 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

								         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: N/A
Other: No change										
RE Code: 
Grade Restoration:   No   Yes   Grade: ?????
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090006433
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