Applicant Name:  ?????

Application Receipt Date: 2009/11/02	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states "I am currently enrolled in Macomb Community College to better my education.  My funds are running a little short due to economic hardships in the area.  My current business is suffering.  

I would like to gain entry into the military again as well as gain access to my GI Bill.  The funding available would be more beneficial than than my current Pell Grant.  I would like to join the military for another 3 years if possible, so that I may gain the educational benefits.

This may seem like an unreasonable request, but I have been trying to become a better person over the years.  I had a problem with alcohol when I was enlisted, but I have overcome that disease.  I am in a great support group and have a decent church that I go to for spiritual health.

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: 031029
Discharge Received: 			   Date: 031115   Chapter: 14-12b       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKA   Unit/Location: HQ & HQ Company, 1st Battalion, 1st Aviation Regiment, APO, AE 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 030911, was found drunk on duty on or about (030816); reduction to private (E-1); forfeiture of $575.00 pay per month for 2 months; extra duty and restriction for 45 days (FG)

The suspension of the punishment of reduction to the grade of E-1, and forfeiture of 257.00 pay imposed on (020911) was vacated, effective on (030115) based on his offense of disobeying a lawful command from CPT, his superior commissioned officer on or about (021101)

Article 15, as a result of wrongful previous over indulgence in intoxicating liquor incapacitated for the proper performance of his duties on or about (020628); reduction to the grade of Private (E-1); forfeiture of $257.00 pay, both suspended, to be automatically remitted if not vacated before (030310); extra duty and restriction for 45 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: 011101    Current ENL Term: 3 Years  ?????
Current ENL Service: 	2 Yrs, 0 Mos, 15 Days ?????
Total Service:  		2 Yrs, 0 Mos, 15 Days ?????
Previous Discharges: 	None
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: 77F10H700 Petroleum Supply Spec   GT: 122   EDU: HS Letter   Overseas: Germany (020602-031115)   Combat: None
Decorations/Awards: ASR, NDSM

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: The applicant stated that he is currently enrolled in Macomb Community College to better his education.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 28 October 2003, 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 engaged in numerous acts of misconduct that has included being drunk on duty on more than one occasion; numerous failures to report to work, failure to follow lawful orders, occasional absenteeism, and substandard duty performance.  His failure to correct his deficiencies after having received multiple rehabilitative opportunities through counseling, nonjudicial punishment and ASAP referral has made him a burden to his unit.  
       
       The unit commander recommended separation with a characterization of service of general, under honorable conditions discharge.  He was advised of his rights.  The applicant waived 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.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.  On 3 November 2003, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. 

       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, the issue and document 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 would like to reenlist to gain access to the GI Bill; however, 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 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: 25 August 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: The applicant submitted a copy of his college transcript.

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 AR20090019098
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