Applicant Name:  ?????

Application Receipt Date: 2009/05/21	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 and supporting 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: 050621
Discharge Received: 			   Date: 050621   Chapter: 14-12c    AR: 635-200
Reason: Misconduct	   RE:     SPD: JKQ   Unit/Location: 269th Signal Co, 504th Signal Bn, Fort Huachuca, AZ 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 050330, driving under the influence of alcohol (050212), reduction to E-1, forfeiture of $617 for two months (suspended), 45 days of extra duty and restriction, oral reprimand  (FG)

030826, physically controlling a vehicle while drunk (030308), reduction to E-3 (suspended), forfeiture of $310 for two months (suspended), 45 days of extra duty and restriction (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: 050128    Current ENL Term: 5 Years  ?????
Current ENL Service: 	00 Yrs, 06Mos, 14Days ?????
Total Service:  		04 Yrs, 02Mos, 06Days ?????
Previous Discharges: 	RA 010606-050127/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 92G10/Food Svc Ops Spc   GT: 99   EDU: HS Grad   Overseas: SWA   Combat: Kuwait (030327-031211)
Decorations/Awards: ARCOM, AAM-2, NDSM, GWOTEM, GWOTSM, AGCM, ASR

V.  Post-Discharge Activity
City, State:  APO AP
Post Service Accomplishments: The applicant provided several letters of character reference, college transcript indicates he has completed 60 SH.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 21 June 2005, 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 being arrested for driving under the influence of alcohol on 8 March 2003 and on 12 February 2005, with a general, under honorable conditions discharge.  He was advised of his rights.  On 8 July 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 of the separation action with a general, under honorable conditions discharge.  On 15 July 2005, 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 he submitted, the analyst determined that the characterization of service is improper.  
       
       The analyst noted that the government introduced into the discharge packet an Article 15 for driving under the influence which was administered under the UCMJ on 26 August 2003, a prior period of honorable service.  The applicant reenlisted on 28 January 2005.  AR 635-200, paragraph 3-5e(2), states that the characterization of service will be determined solely by the military record during the current enlistment or period of service, plus any extension thereof, from which the Soldier is being separated.  
       
       Accordingly, the analyst recommends that the applicant’s characterization of service be upgraded to fully honorable.  However, the analyst found that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable.
       
       Furthermore, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.”  If reenlistment is desired, the applicant should contact the local recruiter to determine eligibility to reenlist.  Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate.   
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
        

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 10 March 2010         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA

VIII.  Board Discussion, Determination, and Recommendation
Notwithstanding the analyst’s recommendation, the Board determined that the listing of the incident from his previous period of service was a harmless error and when combined with other misconduct from the current period of enlistment warrants a characterization of service of general, under honorable conditions.  The evidence in the record did not create a substantial doubt that the discharge would have been any different if the error had not been made.  The Board being convinced that the reason for discharge and the characterization of service were both properly 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
(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 AR20090009976
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