Applicant Name:  ?????

Application Receipt Date: 2009/11/30	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "My name is I was discharged from the army, on March 24, 2009.  I am writing this so i can get back in the military.  Yes i did bring this upon myself and yes i will regret it for he rest of my life, i am a good soldier but when i first joined the army i wasn't ready and i got in trouble, now tht i am out i see how hard it is in the civilian world, i know if i ever get back in the military i will probably be a lifer, i necer wanted to get out even when i was in and i lost my rank i never let my hopes dwon and i still wont i just need another  chanve to prove myself to myself and others.  If given this change to reenter i will succeed in everything i do and make a fulfilling career out of the military.  There isn't anything on the outside world for me that's why i strongly ask to be forgiven of my misconducts and given another change for me and my family.  I would also like to state that I have given up all my old ways tht got me in the position that i am in now, and i am ready to start a new.  I would also like to state that the reason i do not have anybody for a reference or support is due too, me not having any prior job before the military."

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: NIF
Discharge Received: 			   Date: 090324   Chapter: 14-12c       AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: HQ & HQ Company, 2nd Battalion, 6th Infantry Regiment, 2nd Brigade Combat Team, APO, AE Germany 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 081119, through negligence, discharged his service rifle in the C Company MWR Room on or about (080912); forfeiture of $673.00 pay per month for two months, suspended to be automatically remitted if not vacated on or before (090518), extra duty and restriction 45 days (FG)

080714, broke restriction on or about (080302); operating a motor vehicle while drunk on or a bout (080302) and violated a lawful general order by operating a POV while his USAREUR driver's license were revoked (080328); reduction to Private (E1), forfeiture of $673.00 pay per month for two months, extra duty and restriction for 45 days (FG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 060803    Current ENL Term: 3 Years  24 Weeks/The applicant required a moral waiver at the time of enlistment, which was approved on (060706).
Current ENL Service: 	2 Yrs, 07Mos, 22Days ?????
Total Service:  		2 Yrs, 07Mos, 22Days ?????
Previous Discharges: 	None
Highest Grade: E3		Performance Ratings Available: Yes    No 
MOS: 92F10 Petroleum Supply Sp   GT: 96   EDU: NIF   Overseas: Germany (070206-090324), South West Asia   Combat: Iraq (080405-090303)
Decorations/Awards: NDSM, GWOTSM, ICMw/CS, ASR, OSR

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

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 6 January 2009, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of misconduct commission of a serious offense for physically controlling a motor vehicle while drunk and while his USAREUR driver's license was revoked on or about (080302), broke restriction on or about (080302), negligently discharged his service rifle on or about (080912),and he has caused significant disruption to his unit and its mission, with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 12 January 2009, 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 Army 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 24 January 2009, the separation authority waived further rehabilitative efforts and directed the applicant be discharged with a characterization of service of general, under honorable conditions.
       
       The record also contains a Military Police Report; citing the applicant for operating a vehicle while mentally impaired by the consumption of alcohol dated 29 April 2008.

       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 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 issues that he wasn't ready when he first joined the Army and that he would like to get back in the military.  The analyst found that the applicant met entrance qualification standards to include age.  The analyst further found no evidence that the applicant was any less mature than other soldiers of the same age who successfully completed military service.  Additionally, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.”  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 if appropriate.  
       
       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: 15 September 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated 22 October 2009, DD Form 214 for the period of service ending 24 March 2009, and a Letter from the North Carolina Department of Administration (1 page) dated 2 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 AR20090020652
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