Applicant Name:  ?????

Application Receipt Date: 2009/07/20 	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant in effect requests an upgrade of his discharge to fully honorable and contends he was 17 when he joined the military.  The applicant relates that he used alcohol to escape reality.  Also, he states he completed treatment and got his life back on track; now he would like to use the G.I Bill and better his life. 

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: 060320
Discharge Received: 			   Date: 060519   Chapter: 14-12b      AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: HHC, BSB, 82nd Sustainment Bde, Fort Bragg, NC 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 060124, disobeying a lawful general regulation by wrongfully consuming alcoholic beverages underage (060118); reduction to E-1, forfeiture of $640 pay x 2 months (suspended), extra duty for 45 days, and restriction for 45 days (FG).

050722, disobeying a lawful general regulation by wrongfully consuming alcoholic beverages underage (050713); reduction to E-3, forfeiture of $361 pay, extra duty for 14 days, and restriction for 14 days (CG). 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 030529    Current ENL Term: 06 Years  ?????
Current ENL Service: 	02 Yrs, 11Mos, 21Days ?????
Total Service:  		02 Yrs, 11Mos, 21Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 92G1P Food Service Operations   GT: 108   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: AAM-2, NDSM, GWOTSM, ASR

V.  Post-Discharge Activity
City, State:  Columbia, SC 
Post Service Accomplishments: The applicant claims he is pursuing school to establish a career to build some structure around his life.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on  20 March 2006, 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 misconduct-pattern of misconduct for receiving a Field Grade Article 15 for underage drinking (060124), receiving a Company Grade Article 15 for underage drinking (050722), and numerous negative counseling statements, 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 indicated he intended to 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 with a general, under honorable conditions discharge.  
       
       On 13 April 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 a General Officer Memorandum of Reprimand, dated 4 August 2005, for driving while impaired (Administrative).

       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, the issues and document submitted with the application, 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 applicant met entrance qualification standards to include age.  There is no evidence that the applicant was any less mature than other Soldiers of the same age who successfully completed military service.
       
       The applicant had many legitimate avenues through which to obtain assistance or relief, without committing the misconduct, which led to the separation action under review.
       
       The analyst acknowledges the applicant's successful transition to civilian life and noted the accomplishments outlined with the application.  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.  
       
       Eligibility for veteran's benefits to include educational benefits under the Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.
       
             Therefore, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable and recommends that the Board deny relief. 


       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 2 June 2010         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



















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 AR20090012844
______________________________________________________________________________

Page 1 of 3 pages