Applicant Name:  ?????

Application Receipt Date: 20090617	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 149 and attached documents submitted by the applicant in lieu of DD Form 293.

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: 060403
Discharge Received: 			   Date: 060531   Chapter: 14-12c       AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: 574th Supply Company, APO AE 09166 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 060214, wrongfully driving with expired registration (051111), and driving while under the influence of alcohol (0511110; reduction to E-1, forfeiture of $640 x 2 (suspended), restriction for 45 days (suspended), and extra duty for 45 days (FG).

060104, assaulted another Soldier (050917), indecent assault upon a female Soldier x 2 (051028) and  (051028); reduction to E-4, forfeiture of  $938 x 2, restriction for 45 days, 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:  23
Current ENL Date: 020605    Current ENL Term: 4 Years  3 months extension (030626)
Current ENL Service: 	03 Yrs, 11Mos, 27Days ?????
Total Service:  		06 Yrs, 04Mos, 26Days ?????
Previous Discharges: 	RA-000105-020604/HD
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 92W1P Water Treatment Spec   GT: 85   EDU: HS Grad   Overseas: Germany/Southwest Asia   Combat: Kuwait/Iraq (040108-041228) and Afghanistan (020703-030115)
Decorations/Awards: AGCM, NDSM, ACM, GWOTEM, GWOTSM, NCOPDR, ASR, OSR

V.  Post-Discharge Activity
City, State:  El Paso, TX
Post Service Accomplishments: The applicant claims he was employed by Haliburton for almost three years.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 29 March 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 assaulting three Soldiers, and operating a passenger vehicle with an expired registration while under the influence of alcohol, 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,  waived consideration 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 a general, under honorable conditions discharge.  On 2 May 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.
       
       The applicant's record contains two General Officer Memorandums of Reprimand dated 17 January 2006, and 25 May 2005 for driving under the influence of alcohol (Administrative).
       
       The applicant's record contains a CID Report of Investigation dated 21 November 2005.

       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 found no mitigating factors that would merit an upgrade of the applicant's discharge.  The applicant’s discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  By his misconduct, the applicant diminished the quality of his 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 acknowledges the independent documents submitted with the application and that the applicant was diagnosed with post traumatic stress disorder (PTSD), which was determined to be service connected and was granted a 10% disability rating.  Further, the analyst considered the applicant’s quality of service during the initial portion of the enlistment under review.  However, this service was determined not to be sufficiently meritorious to warrant an upgrade to the characterization of service.  In view of the foregoing, the analyst determined that 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: 23 July 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: No Change
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090010799
______________________________________________________________________________


Page 1 of 3 pages