Applicant Name:  ?????

Application Receipt Date: 2009/07/07	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states " My discharge was inequitable because it was based on one isolate incident in 39 months of active service and 72 months of reserve service with no other adverse action taken."

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: 060605
Discharge Received: 			   Date: 060713   Chapter: 14-12c       AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: B Co, 4/64th AR Regt, 4/3d Inf Div, Fort Stewart, GA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 060331, Violated a lawful general order (051224) by wrongfully possessing alcohol, reduction to E4; and 7 days extra duty, (FG). 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  27
Current ENL Date: 050404    Current ENL Term: 06 Years  ?????
Current ENL Service: 	01 Yrs, 03Mos, 10Days ?????
Total Service:  		09 Yrs, 08Mos, 25Days The applicant's DD Form 214 under review does not account for the applicant's period of service in the ARNG-961029-021028 and in the USARCG-021029-030401.
Previous Discharges: 	ARNG-961029-021028/HD
                                       USARCG-021029-030401/NA
                                       RA-030402-050403/HD
Highest Grade: E5		Performance Ratings Available: Yes    No 
MOS: 11B10/Infantryman   GT: 112   EDU: HS Grad   Overseas: Southwest Asia   Combat: Kuwait/Iraq (050129-060115).
Decorations/Awards: NDSM, GWOTEM, GWOTSM, ASR, CIB

V.  Post-Discharge Activity
City, State:  Philadephia, PA
Post Service Accomplishments: None Listed








VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       Evidence of record shows that on 5 June 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 the possession of alcohol on (051224) at Camp Prosperity Iraq, in violation of General Order 1, paragraph 2(c), 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, voluntarily waived consideration of his cas by an administrative separation board contingent on him receiving a characterization of servicce or description of separation no less favorable than general, under honorable conditions, and did not submit a statements 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 20 June 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, but a general discharge 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, the documents, 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.  
       
       The analyst noted the applicant's issue that his discharge was inequitable because it was based on one isolated incident in 39 months of active service and 72 months of reserve service with no other adverse action taken.  However, even though a isolated incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army.  The applicable Army regulation states that there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization.  The analyst having examined all the circumstances determined that the applicant's isolated incident of misconduct did indeed adversely affect the quality of service, brought discredit on the Army, and was prejudicial to good order and discipline.  This isolated incident of misconduct clearly diminished the quality of the applicant's service below that meriting a fully honorable discharge. 
       
       The analyst acknowledges the applicant's prior period of service and his many accomplishments prior to the incident under review.  However, in review of the applicant’s entire service record, the analyst found that these accomplishments did not overcome the reason for discharge and characterization of service granted.  Further, the analyst found no evidence of arbitrary or capricious actions by the command.  
       
       In view of the foregoing, the analyst determined that the characterization of service and reason for discharge 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: 12 May 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: Letter to Board members; DD Form 268 (Report to Suspend Favorable Personnel Actions (Flag), dated 29 December 2005; discharge packet consisting of 5 pages; 3 counseling statements, dated (060405, 060405, and 060502); DD Form 2627 (Record of Proceedings Under Article 15, UCMJ), dated (060323); and two DD Forms 214 ending (970529 and 060713). 

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 1    No change 4
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













Legend:
AWOL    	Absent Without Leave		GCM   General Court Martial	NA   Not applicable			SCM	Summary Court Martial
BCD   	Bad Conduct Discharge	GD      General Discharge	NIF   Not in the file			SPCM	Special Court Martial
CG 	Company Grade Article 15	HD      Honorable Discharge	OAD   Ordered to Active Duty		UNC	Uncharacterized Discharge  
DD 	Dishonorable Discharge	HS       High School Graduate	OMPF   Official Military Personnel File	UOTH  	Under Other Than Honorable 
FG	Field Grade Article 15		IADT   Initial Active Duty Training	RE     Reentry Code				Conditions 

ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090012167
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