Applicant Name:  ?????

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

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See enclosed DD Form 149 and documents submitted by the Applicant.

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: 050621
Discharge Received: 			   Date: 051103   Chapter: 14-12c       AR: 635-200
Reason: Misconduct, Commission of a Serious Offense	   RE:     SPD: JKQ   Unit/Location: B Co. 2-30th Inf Bn, 4th Bde, 10th Mountain Div, Ft. Polk, LA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 050304 physically control a vehicle, a passenger car, while the blood concentration on his breath was .08 grams of alcohol per 210 liters of breath or greater; reduction to E3 and forfeiture of $870 of basic pay per month for two months (suspended), extra duty and restriction for 45 days (FG).

050715 at or near Ft. Polk, LA, on or about 1 June 2005, unlawfully shove a female person in the body: reduction to E2, forfeiture of $382 of basic pay per for one month, extra duty 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:  21
Current ENL Date: 031231    Current ENL Term: 3 Years  10months
Current ENL Service: 	01 Yrs, 8Mos, 22Days ?????
Total Service:  		04 Yrs, 04Mos, 14Days ?????
Previous Discharges: 	RA 010620-031230/HD
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 13F10 Fire Support   GT: 110   EDU: GED Letter   Overseas: None   Combat: None contained in the records. A deployment to Kuwait and Iraq are mentioned in the administrative separation board proceedings.
Decorations/Awards: ARCOM with V device, AAM, USAF PUC, AGCM-2, AFEM, ASR, GWOTSM

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: Nothing provided by the Applicant.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 21 June 2005, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, based on his commission of a Serious Offense—drunk on duty and assault of a female person, 11 June 2005 and receiving a DUI on 3 February 2005, with an under other than honorable conditions discharge.  He was advised of his rights. 
        
       On 26 July 2005, the applicant consulted with legal counsel and requested consideration of his case by an administrative separation board. The applicant did not submit a statement on his own behalf.  
       
       The applicant was notified to appear before an administrative separation board and advised of his rights.  On 13 October 2005, the administrative separation board convened.  The applicant appeared with counsel.  The board recommended that the applicant be discharged with issuance of a character of service of other than honorable.
         
       On 18 October 2005, the separation authority approved the recommendation of the administrative separation board and directed that the applicant be discharged with a characterization of service of other than honorable.
       
       The record contains a Memorandum of Reprimand dated 10 February 2005 for misconduct for driving 37 miles per hour in a 10 mile per hour zone and having blood alcohol content of .125 grams of alcohol per 100 milliliters of breath.

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 of this regulation 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 the applicant’s military records, and the issue and documents 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 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 the former Soldier’s 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.  
       
       Furthermore, the record does not support the issue that the applicant suffers from Post Traumatic Stress Disorder and that the discharge was the result of any medical condition.  A mental status evaluation by competent medical authority was completed on 16 June 2005 and the evaluation did not reveal any psychiatric conditions or symptoms. 
       
       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: 7 April 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: Two pages of medical documents and a five page memo from the Veterans Administration. 

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 2    No change 3
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: NA
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090019152
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