Applicant Name:  ?????

Application Receipt Date: 2009/04/30	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "The Military taught me alot, not just work related but alot about life.  I was young and happy to finally be on my own.  I have always been a hard worker, but unfortunately I also had a neck for hanging out with the wrong people.  My NCO's always commended me for my dedication to my work and my passion for learning, at the same time couldn't understand why I could never jus simply do the right thing.  I never got into any big trouble, but jus turning tweenty-one and being away from my family I choose to turn to alcohol for comfort instead of handling my problems.  Problems which eventaully lead to not showing up for formation to not caring about anything.  And when I finally started to get my act together, it was to late.  My unit had deployed and I was back on Rear-detachment.  We had a new Brigade commander, and alot of soldiers on rear detachment for failing a UA.  Even though I didn't fit that category  I assume in his eyes I was no different.  I pleaded to stay in, but with this being my second Article 15, he felt I had enough chances.  I do wish I would of stayed in, but I tell my self every thing happens for a reason.  I joined the military to make a better life for my self, and was givin that oppourtunity.  And in my journey I let down alot of people who believed in me more than I did.  I am simply not that child anymore, it took alot for me to open my eyes, but they are open.  Every day I fight to make a change in that day in hopes that I can make it better than the last.
Every day I battle through hardships hanging on to hope, hoping that I haven't made to many mistakes in my life that I've already written my future.  I am no longer a child I am a MAN.  And I am trying to move foward in life and do the best I possibly can".

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: 071130
Discharge Received: 			   Date: 080123   Chapter: 13     AR: 635-200
Reason: Unsatisfactory Performance	   RE:     SPD: JHJ   Unit/Location: Co A, Rear D, 44th Sig BN, APO AE 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 090328, found drunk on duty (070208), fail to go at time prescribed to your appointed place of duty  x2 (070207 & 070214); reduction to E2, forfeiture of $729 pay per month for two months, suspended, to be automatically remitted if not vacated before 070705, restriction and extra duty for 45 days (FG). 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: 060125    Current ENL Term: 6 Years  ?????
Current ENL Service: 	1 Yrs, 11Mos, 29Days ?????
Total Service:  		1 Yrs, 11Mos, 29Days ?????
Previous Discharges: 	None
Highest Grade: E3		Performance Ratings Available: Yes    No 
MOS: 25B10 Information Systems Oper-Analyst   GT: 96   EDU: HS Grad   Overseas: Germany   Combat: None
Decorations/Awards: NDSM, GWOTSM, ASR



V.  Post-Discharge Activity
City, State:  Duncan, OK
Post Service Accomplishments: None

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 19 November 2007 , the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 13, AR 635-200, by reason of unsatisfactory performance for  being found drunk on duty and have had numerous counseling for unsatisfactory performance 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 Army and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed discharge action and recommended approval with a general, under honorable discharge.  
       On 27 December 2007, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a general, under honorable conditions discharge.  The applicant was not transferred to the U.S. Army Reserve Control Group.

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this Chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory Soldier.  Army policy states that a general, under honorable conditions discharge is normally considered appropriate, however, a fully honorable discharge may be granted in meritorious cases.

       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 incidents of unsatisfactory performance.  The analyst determined that the applicant’s discharge was appropriate because the quality of the service was not consistent with the Army’s standards for acceptable personal conduct and performance of duty by military personnel.  By the unsatisfactory performance, the applicant diminished the quality of service below that meriting a fully honorable characterization of service.  
       Furthermore, the analyst noted the applicant’s issue and determined that the applicant had many legitimate avenues through which to obtain assistance or relief, without committing the misconduct, which led to the separation action under review.  Further, the analyst noted that the applicant met entrance qualification standards to include age.  There is no evidence that the applicant was any less mature than other Soldiers of the same age who successfully completed military service.  
       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: 16 February 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 AR20090007739
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