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, in effect, that he never had problems in the military or any where else that didn't involve alcohol. He has sobered up these past 5 years and looking back now, he realizes that he had some problems that he could not handle himself. He turned to AA for help and will be sober 6 years, February 2, 2010. He was a good Soldier that did some dumb things, and a good Soldier through out his discharge. He was being put in for promotion by his section chief. He is asking for his discharge to be upgraded to honorable under honorable conditions and feel that he deserves this because of the things he has done to change his life around.  

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: 010710
Discharge Received: 			   Date: 010905   Chapter: 14-12b       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKA   Unit/Location: HHS 2nd Battery, 2nd Battalion, 2nd Field Artillery, Fort Sill, OK 

Time Lost: AWOL x 1 for a total of 2 days from (000309-000310), the applicant was apprehended.  Also, the applicant was confined by the civilian authorities for a total of 27 days from (010315-010412).  Total time lost 29 days.  However, the 29 days of time lost was not reflected on the DD Form 214, block 29, nor was it deducted from the net active service this period on the DD Form 214, block 12c.  

Article 15s (Charges/Dates/Punishment): 001128, Found drunk while on duty as senior leaders driver on or about 001023, and without authority, left his appointed place of duty on or about 001114, reduction to Private (E-2), forfeiture of $263.00 pay per month for one month, extra duty for 14 days (CG)

Article 15, 000817, Failed to go to his appointed place of duty on or about 000812, extra duty for 14 days (Summarized)

Article 15, 991117, Unlawfully pushed a PFC head into a door and then pushed her to the floor on or about 991028, reduction to Private (E-1), forfeiture of $479.00 pay per month for 2 months, both punishments are suspended, to be automatically remitted if not vacated before 000217, restriction and extra duty for 15 days (FG)



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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  29
Current ENL Date: 990211    Current ENL Term: 3 Years  ?????
Current ENL Service: 	2 Yrs, 5 Mos, 26 Days The net active service this period is incorrect; should be: 2 Years, 5 Months, 26 Days.  See remarks in time lost section above.  
Total Service:  		3 Yrs, 4 Mos, 6 Days ?????
Previous Discharges: 	ARNG 980331-980-504/NA
                                       ADT    980505-980903/Unchar
                                       ARNG 980904-990210/HD
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 13B10 Cannon Crewmember   GT: 109   EDU: GED Cert   Overseas: None   Combat: None
Decorations/Awards: ASR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: The applicant states that he has been sober for five years and turned to AA for help and will be sober 6 years, as of February 2, 2010.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 10 July 2001, 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 was confined by the civilian authorities from 010315-010412 for burglary and public intoxication, on 010204, damaged someone else's POV to steal two 10" speakers and one 500 watts amplifer. 
       
       On 991028, assaulted another Soldier, which resulted in a Battery Grade Article 15, on 000812, failed to report to staff duty, which resulted in a Summarized Article 15, on 001023, found drunk on duty and on 001114, failed to report to his unit, which resulted in a Battery Grade Article 15, and AWOL from 010309-010310, which resulted in a Battery Grade Article 15, 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.  On 27 August 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 record contains three Military Police Report's dated 30 October 1999, 16 March 2001, and 4 February 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 issue regarding his successful accomplishment in AA since his separation from active duty.  The applicant is to be commended for his efforts.  However, in review of the applicant’s entire service record, the Board found that this accomplishment did not overcome the reason for discharge and characterization of service granted.  
       
       In view of the foregoing, 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. 

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: None

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 AR20090012965
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