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 states that his discharge is inequitable because it was based on an isolated incident in thirty months of service with no other adverse action.  Also, an upgrade would help him become a police officer.

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: 010518
Discharge Received: 			   Date: 010615   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: B Co, 325th FSB, Schofield Barracks, HI 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 001007, Disobeying a lawful command from a MAJ x 2 (000928), (000928); and wrongfully drinking underage; reduction to E-2, forfeiture of $563 pay x 2 months, extra duty for 45 days, and restriction for 45 days (FG). 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 981229    Current ENL Term: 03 Years  ?????
Current ENL Service: 	02 Yrs, 05Mos, 17Days ?????
Total Service:  		02 Yrs, 05Mos, 17Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 63W10 Wheel Vehicle Repairer   GT: 94   EDU: 11 Years   Overseas: Hawaii   Combat: None
Decorations/Awards: ASR

V.  Post-Discharge Activity
City, State:  Cypress, TX 
Post Service Accomplishments: The applicant cliams he is employed by the City of Houston Metro Department and was afforded the opportunity to become a Metro Police Officer.   

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 18 May 2001, 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 an Article 15 for violating two lawful orders and underage drinking (001007); he was seen urinating on the back lanai of his barracks (010127); failing to return to duty after an appointment (010206); failing to report to his place of duty twice (010308); reporting for duty with a hickey on his neck, which is considered to be destruction of government property (010220); and failing to pay just debt, with a general, under honorable conditions discharge.  He was advised of his rights.
        
       The applicant consulted 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 service and waiver of further rehabilitative efforts.  
       
       On 29 May 2001, 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 an approved Bar to Reenlistment, dated 7 October 2000.
       
       The applicant's record contains a Military Police Report, dated 28 September 2000, with additional offenses, subjects and victims related to the report.
       
       The applicant's record contains a CID Report of investigation, dated 18 July 2000.

       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 documents 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 contends his discharge was the result of an isolated incident, the evidence of record clearly shows even though an 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 an isolated 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 Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  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: 19 May 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 
Exhibits Submitted: The applicant submitted a DD Form 214, dated (010615); and his Metropolitan Transit Authority ID Badge.

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 AR20090012946
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