Applicant Name:  ?????

Application Receipt Date: 2009/07/13	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: "I request both a honorable discharge and possibly a better reenlistment code to reenlist in the Armed Forces. Before the separation from the service, I was married. I was in the 21st CAV Brigade and had gone to Brownwood, TX for a training exercise. My wife was pregnant and had a miscarriage as a result of the stress of the separation. A few months after that, she was pregnant. I took leave in NY State, while I was gone, she had an abortion and filed for a divorce. 

My ex-wife's boyfriend had hit me with his vehicle. My life after that became unmanageable, I was 21 years old and turned to alcohol. Since then, I have quit drinking and have matured. I am currently 30 years old and realize that everyone has troubles in life and it's how you deal with those problems or asl help. I would like to re-enlist to serve my country. 

I have many good traits and would like to teach others and be productive. I enjoyed the service and didn't deal with things well at that time and point in my life. Please consider my application as I have matured and I feel that I need to do this for myself, to give back, and to help other Soldiers as a mentor. I can show people that I have gone thru some of the rough period in my life and can still achieve a goal that has been set."

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: 020523
Discharge Received: 			   Date: 020618   Chapter: 14-12b       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKA   Unit/Location: 507th Medical Company (Air Ambulance), 36th Medical Evacuation Battalion, 1st Medical Brigade, 13th Corps Support Command, Fort Hood, TX 

Time Lost: AWOL x 1 for a total of 2 days from (010201-010203); mode of return is unknown. Civilian confinement for a total of 4 days from (010327-010331); transferred to the military authorities. Total time lost 6 days. 

Article 15s (Charges/Dates/Punishment): 010626, Failed to go to his appointed place of duty x 4 on or about 010109; 010117; 010118; 010130; reduction to Private (E-2); forfeiture of $584.00 pay per month for two months, suspended, to be automatically remitted if not vacated before 010626; extra duty and restriction for 30 days (CG) 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 981228    Current ENL Term: 6 Years  ?????
Current ENL Service: 	3 Yrs, 5 Mos, 15 Days ?????
Total Service:  		3 Yrs, 5 Mos, 15 Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 68G10 Aircraft Structural Rep   GT: 91   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None submitted by the applicant.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 23 May 2002, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12b, AR 635-200, by reason of a pattern of misconduct; in that he received a Company Grade Article 15 for leaving his appointed place of duty and failing to be at his appointed place of duty; numerous negative counseling statements for unsatisfactory job performance, positive urinalysis, repeated failure to repairs, AWOL, and damage to government property, 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 submitted 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. 
       
       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 a General Officer Memorandum of Reprimand, given to the applicant-for wrongfully driving while under the influence of alcohol on or about 010311, dated 20 March 2001 (Administrative).
       
       Also, the record contains an Incident/Investigation Report from the Killeen Police Department dated 26 November 2001, two Military Police Reports in reference to the offense; damaging government property, dated 20 May 2002, and for the offense; assault and public intoxication dated 6 December 2001. 

       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, and the issue submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  The analyst determined that 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 the 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 issues that he was having marital and personal problems, which caused him to turn to drinking, and that he was immature in handling his situation.  The analyst determined that the applicant had many legitimate avenues through which to obtain assistance or relief (i.e., chaplain, army community services, and the army substance abuse program), without committing the misconduct, which led to the separation action under review. 
       
       The analyst found that the applicant met entrance qualification standards to include age.  The analyst further found no evidence that the applicant was any less mature than other soldiers of the same age who successfully completed military service. 
       At the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.”  If the applicant desires to reenlist, he should contact the local recruiter to determine his 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. 
       
       Therefore, the analyst determined that the reason for discharge and the characterization of service, to include his reentry eligibility (RE) code was 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 July 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: None submitted by the applicant.

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: No Change										
RE Code: 
Grade Restoration:   No   Yes   Grade: No Change







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 AR20090012580
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