Applicant Name:  ?????

Application Receipt Date: 2009/03/03	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See 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: 080325
Discharge Received: 			   Date: 080401   Chapter: 14-12b      AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: D Co, 125 BSB, 3 HBCT, 1st Armored Division, Fort Riley, KS 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 070502, found drunk while on duty as the maintenance equipment recovery and repair parts specialist on or about (070416); reduction to E1, suspended, to be automatically remitted if not vacated before 071102, forfeiture of $650 pay per month for two months, extra duty and restriction for 45 days (FG).

070806, vacation of suspension for physically controlling a vehicle while drunk on (070804), reduction to E1 (FG).

071003, physically controlling a vehicle while drunk on (070804), forfeiture of $650 pay per month for two months, suspended, to be automatically remitted if not vacated before 080103, extra duty and restriction for 45 days, and an oral reprimand (FG).

080312, without authority, go from his appointed place of duty on or about (080222), wrongfuly previous overindulgence in intoxicating liquor incapacitated for the performance of his duties on (080223); forfeiture of $673 pay per month for two months, extra duty for 45 days, restriction to the limits of Ft Riley and an oral reprimand (FG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  23
Current ENL Date: 070216    Current ENL Term: 3 Years  ?????
Current ENL Service: 	1 Yrs, 02Mos, 16Days ?????
Total Service:  		4 Yrs, 10Mos, 23Days ?????
Previous Discharges: 	USNG 031022-070215/HD
                                        IADT 040202-040714/UNC
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 92A10/Automated Logistical   GT: 93   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, GWOTSM, ASR

V.  Post-Discharge Activity
City, State:  Elmont, NY
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 25 March 2009, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 12b, AR 635-200, for pattern of misconduct in that his misconduct range from driving under the influence of alcohol; being incapacitated for the proper performance of his duties because of the wrongful previous overindulgence in intoxicating liquor; being drunk on duty, and failing to report to his appointed place of duty at the prescribed time, 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 28 March 2008, 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 applicant received a GOMOR on 23 August 2007 for driving under the influence on 070804. 

       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 a Soldier.  The applicant, as a Soldier, 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.  The analyst noted the applicant's issue; however, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities. 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: 2 December 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: NA
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090006599
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