Applicant Name:  ?????

Application Receipt Date: 2009/03/27	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 and attached documents 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: 061212
Discharge Received: 			   Date: 070126   Chapter: 14-12c       AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: B Co, 2-325th IN Bn (ABN), Fort Bragg, NC 

Time Lost: AWOL for 6 days (061230-070105), mode of return unknown.

Article 15s (Charges/Dates/Punishment): 061120, violate a lawful general regulation, by wrongfully having a blood alcohol content of .13 while on DRB-1 (061118); reduction to E-1, forfeiture of 1/2 month pay x 2 months, 45 days extra duty and 45 days restriction (FG).

051102, failure to report x 2 (050708), and (050708); reduction to E-4 (FG). 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  21
Current ENL Date: 040725    Current ENL Term: 06 Years  ?????
Current ENL Service: 	02 Yrs, 05Mos, 27Days ?????
Total Service:  		05 Yrs, 05Mos, 27Days ?????
Previous Discharges: 	RA-010724-040724/HD
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 11B1P Infantryman   GT: 118   EDU: HS Grad   Overseas: Germany/Southwest Asia   Combat: Iraq (030315-040129), (041207-050328), and (050901-051228)
Decorations/Awards: ARCOM-2, AAM-2, AGCM, NDSM, ICM, GWOTEM, GWOTSM, NCOPDR, ASR, EIB, PUC, VUA, MUC 

V.  Post-Discharge Activity
City, State:  Ingram, TX
Post Service Accomplishments: None Listed







 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 12 December 2006, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, Paragraph 14-12c, AR 635-200, by reason of misconduct-commission of a serious offense for receiving a Field Grade Article 15 x 3, underage drinking and making a false official statement (020913), failure to report (051102), and having a blood alcohol content of .13 while on DRB-1 (061120), with an under other than honorable conditions discharge.  He was advised of his rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, waived consideration of his case by an administrative separation board, 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 an under other than honorable conditions discharge.  On 15 December 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.

       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 determined that the applicant’s characterization of service is improper.  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.  While the analyst does not condone the applicant’s misconduct, the evidence of record shows that the separation approving authority considered nonjudicial punishment from a prior period of honorable service in characterizing the applicant’s discharge.  Consideration of such evidence is improper unless the applicant is granted a fully honorable characterization of service.  Accordingly, the analyst recommends that relief be granted in the form of an upgrade of the characterization of service to fully honorable.  However, the analyst determined that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable. 

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 15 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 characterization is improper.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable.  However, the Board determined that the reason for discharge was both proper and equitable and voted not to change it.



        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 5    No change 0
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 AR20090007204
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