Applicant Name:  ?????

Application Receipt Date: 2009/11/13	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states "1. believe my discharge should be changed due to many discrepancies stated in my discharge packet. The packet was not put together properly as it was returned numerous times which resulted in my medical evaluation being out dated by the time the packet was finally accepted. The discharge was based primarily on a serious offense (a DUI) and the packet was put together on that serious offense, however since the packet was put together prior to me going to court for the DUI, the packet did not reflect that the DUI was reduced to Reckless Driving. Along with these discrepancies, 2. my Command dug up a Company Grade Article 15 from my AIT unit which was only supposed to be a local record and was not supposed to follow me for the duration of my military career."

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: 090519
Discharge Received: 			   Date: 090615   Chapter: 14-12c       AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: Group Service Support Company, Group Support Battalion, 5th Special Forces Group (Airborne), Fort Campbell, KY 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 081112, without authority, absent himself from his unit on or about (081014-081014); failed to obey a lawful order issued by MAJ on or between (081010-081014); with intent to deceive, made a false official statement to SGT x 2, on or about (081009); (081013); forfeiture of $350.00 pay, suspended, to be automatically remitted if not vacated on or before (090210); extra duty and restriction for 14 days (FG)

Article 15, 080604, failed to go to his appointed place of duty on or about (080601); stole a bottle of cologne, of a value of about $25.00, the property of AAFES on or about (080529); reduction to Private (E-1); forfeiture of $314.00 pay; extra duty and restriction for 14 days (CG)

Article 15, 080509, as a result of wrongful previous overindulgence in intoxicating liquor, was drunk and disorderly; for the proper performance of his duties, on or about (080427); reduction to Private (E-2); forfeiture of $352.00 pay per month for one month, suspend $202.00 until (080512); extra duty and restriction for 4 days (CG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  27
Current ENL Date: 080423    Current ENL Term: 3 Years  12 Weeks/The applicant required a moral waiver at the time of enlistment, which was approved on (080408).
Current ENL Service: 	1 Yrs, 1 Mos, 23 Days ?????
Total Service:  		7 Yrs, 1 Mos, 21 Days ?????
Previous Discharges: 	ARNG 020426-020731/NA
                                       ADT    030422-030919/NA
                                       ARNG 030920-040214/NA
                                       OAD    040215-050123/NA
                                       ARNG 050124-060112/NA
                                       OAD   060113-070102/NA
                                       ARNG 070103-080422/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 88M10 Motor Transport Oper   GT: 112   EDU: GED Cert   Overseas: Southwest Asia   Combat: Iraq (dates-NIF)
Decorations/Awards: NDSM, GWOTEM, GWOTSM, ICMDLw/3CS, ASR, OSR (2), AFRMDLw/M Dev (2) 

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None submitted by the applicant.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 12 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 he was apprehended by the Clarksville Police Department for driving under the influence and implied consent law on (081102), with a general, under honorable conditions discharge.  He was advised of his rights.  On 5 March 2009, 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 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 3 June 2009, 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 received a letter of reprimand on 3 December 2008 for refusing to take a lawfully requested test to measure his alcohol content, when there was a reasonable belief that he was driving under the influence of alcohol; and violated the implied consent Law when he refused to submit to an intoxilyzer test in Tennessee. (Administrative)

       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 which 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: 1. he believes his discharge should be changed due to the many discrepancies stated in his discharge packet; 2. his Command dug up a Company Grade Article 15 from his AIT unit which was only supposed to be a local record and was not supposed to follow him for the duration of his military career.  The analyst found no evidence of arbitrary or capricious actions by the command, the applicant's Article 15's were all administered during the applicant's initial period of service under review.  Further, the applicant's chain of command determined the specific offenses warranted separation.  Because of the civilian conviction, the applicant diminished the quality of service below that meriting a fully honorable discharge.  The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  
       
       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: 1 September 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: The applicant submitted an on line application dated 5 November 2009. 

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 AR20090020275
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