Applicant Name:  ?????

Application Receipt Date: 2009/07/14	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: Received no help from his command.

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: 080320
Discharge Received: 			   Date: 080730   Chapter: 14-12b    AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: HHC, Support Troops Bn, Camp Arifjan, Kuwait 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 071106, violation of General Order # 1, by wrongful consumption of alcohol (070930), reduction to E-3,  forfeiture of $729 (suspended) and 45 days of extra duty (FG)

080312, wrongfully took an excessive amount of Coridicin (080227), conduct which was prejudicial to good order and discipline, reduction to E-2, forfeiture of $350 and 14 days of extra duty (CG) 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: 050310    Current ENL Term: 4 Years  ?????
Current ENL Service: 	03 Yrs, 04Mos, 21Days ?????
Total Service:  		05 Yrs, 03Mos, 07Days ?????
Previous Discharges: 	IADT 030913-031212/UNC
                                       USAR 021220-NIF (Concurrent Service)
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 68G10/Patient Admin Spc   GT: 106   EDU: HS Degree   Overseas: SWA   Combat: Kuwait (051020-060215)
Decorations/Awards: ARCOM, AAM, GWOTSM, GWOTEM, HSM, ASR, OSR-2

V.  Post-Discharge Activity
City, State:  Hope Mills, NC
Post Service Accomplishments: None listed.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 17 March 2008, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, by reason of pattern of misconduct—for having received a field grade Article 15 (071106) for consuming alcohol while deployed which constituted a violation of General Order # 1, and for having received a company grade Article 15 (080312), for wrongfully ingesting an excessive amount of Coricidin, with a general, under honorable conditions discharge.  He was advised of his rights.  On 20 March 2008, 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 29 March 2008, 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 record contains two Military Police reports dated 30 September 2007 and 29 February 2008.

       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 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 infractions of discipline, the extent thereof, and the seriousness of the offenses.  The analyst determined that the applicant’s discharge was appropriate because the quality of service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  By the misconduct, the applicant diminished the quality of the former Soldier’s 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 evidence of record shows that the command attempted to assist the applicant in performing and conducting himself to Army standards by the imposition of non-judicial punishment.  The applicant failed to respond appropriately to these efforts.  The analyst found no evidence of arbitrary or capricious actions by the command and was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  
       
       Additionally, 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.
         
       Therefore, 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. 
       
       The applicant submitted three character reference letters in support of the personal appearance hearing.
       
       
       
       
       
       
       
       
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 20 April 2010         Location: Atlanta, GA

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: DD Form 214 and three character reference letters.

VIII.  Board Discussion, Determination, and Recommendation
The Board carefully examined the applicant’s records for the term of service under review and heard his testimony.  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.  The Board does not condone the applicant’s misconduct; however, determined the discharge is inequitable.  The applicant provided clarifying testimony regarding the facts and circumstances leading to his discharge.  Based on this evidence the Board found that the applicant’s misconduct was mitigated by the length and quality of his service, to include his combat service, and his earned awards of the Army Commendation and Army Achievement Medals.  Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to fully honorable and a change to the narrative reason for separation to “Secretarial Authority” with a corresponding separation code (SPD) of “FND.”  
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 5    No change 0
Reason -     Change 5    No change 0
(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: Secretarial Authority under Provision of Chapter 5, AR 635-200, with a corresponding SPD Code of “JFF” (Involuntary Discharge).
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090012438
______________________________________________________________________________


Page 1 of 3 pages