Applicant Name:  ?????

Application Receipt Date: 2009/08/25	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he thinks that if he had not been where he was, he would have done the things that he did. If he had been given the chance to do in house rehab, he might have turned his mistakes into something positive and been able to serve his country instead of getting a discharge.  He has completed his in house rehab and has not drank since 2008. He has tried to turn 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: 090209
Discharge Received: 			   Date: 090529   Chapter: 14-12c       AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: B Troop, 1st Squadron, 11th Armored Cavalry Regiment, Fort Irwin, CA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): None

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 070103    Current ENL Term: 3 Years  16 Weeks
Current ENL Service: 	2 Yrs, 4 Mos, 27 Days ?????
Total Service:  		2 Yrs, 5 Mos, 29 Days ?????
Previous Discharges: 	USAR 061201-070102/NA
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 11B10 Infantryman   GT: 92   EDU: GED Cert   Overseas: None   Combat: None
Decorations/Awards: NDSM, GWOTSM, ASR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: The applicant stated in his issue that he has completed his in house rehabilitation and has not drank since 2008, and has turned his life around.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 30 January 2009, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12c, AR 635-200, by reason of misconduct-commission of a serious offense; in that on 081018, he stole two all terrain vehicles and on 081122, he was driving while intoxicated with a BAC of .16%, with an under other than honorable conditions discharge. 
       
       He was advised of his rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an administrative separation board contingent upon him receiving a characterization of service no less favorable than a general, under honorable conditions discharge 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. 
       
       The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge.  On 19 February 2009, the separation approving authority disapproved the applicant's conditional waiver for a general, under honorable conditions discharge and directed that the applicant's case be referred to an administrative separation board. 
       
       On 10 March 2009, the applicant was notified to appear before an administrative separation board and advised of his rights.  On 15 April 2009, the applicant submitted another conditional waiver contingent upon him receiving a characterization of service no less favorable than a general, under honorable conditions discharge, which was disapproved by the separation approving authority. 
       
       On 30 April 2009, the administrative separation board met and the applicant appeared with counsel.  The board recommended that the applicant be discharged from the Army with an under other than honorable conditions discharge.  On 19 May 2009, the separation authority approved the findings and recommendations of the board. 
       
       The record contains a General Officer Letter of Reprimand-for unlawful and unprofessional conduct, consumption of alcohol, coupled with the operation of a motor vehicle dated 9 January 2009, and a CID Report of Investigation in reference to the applicant for committing the offenses of; larceny of private property, wrongfully damaging private property and conspiracy, dated 7 January 2009.

       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 that he was not afforded the opportunity to do in house rehabilitation; however, the evidence of record shows that the command attempted to assist the applicant in performing and conducting himself to Army standards by providing counseling and by the imposition of a General Officer Letter of Reprimand.  As the applicant did not subsequently conform to required standards of discipline and performance, the command determined that the applicant did not demonstrate the potential for further military service.  The evidence of record clearly established the fact that the applicant was afforded a reasonable opportunity to overcome the noted deficiencies.  
       
       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. 

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 30 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 AR20090014780
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