Applicant Name:  ?????

Application Receipt Date: 2009/12/30	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant submitted no issues of equity or propriety to be considered by the board.

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: 081028
Discharge Received: 			   Date: 090220   Chapter: 14-12c       AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: HQ & HQ Troop, 3rd Brigade Special Troops Battalion, 3rd Brigade Combat Team, 3rd Infantry Division, Fort Benning, GA 

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:  26
Current ENL Date: Reenl/060102    Current ENL Term: 5 Years  ?????
Current ENL Service: 	3 Yrs, 1 Mos, 19 Days ?????
Total Service:  		8 Yrs, 0 Mos, 29 Days ?????
Previous Discharges: 	RA 010122-030207/HD
                                       RA 030208-060101/HD
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 92Y20 Unit Supply Spec/Ammunition Spec   GT: 94   EDU: HS Grad   Overseas: Korea, Southwest Asia   Combat: Iraq (050105-060105)
Decorations/Awards: ARCOM, GCMDL (2), NDSM, GWOTEM, GWOTSM, KDSM, ICMDL, ASR, OSR (2), C/A, C/Ach 

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 28 October 2008, 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 she was driving under the influence of alcohol on or about (060327), driving under the influence of alcohol on or about (070317) and driving under the influence on or about (071208), with a general, under honorable conditions discharge.  She was advised of her rights. 
       
       The applicant consulted with legal counsel, was advised of the impact of the discharge action, requested consideration of her case by an administrative separation board and did not submit a statement in her 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 20 January 2009, the applicant was notified to appear before an administrative separation board and advised of her rtights. 
       
       On 23 January 2009, the administrative separation board met, and the applicant appeared with counsel.  The board recommended that the applicant be separated from the Army with a general, under honorable conditions discharge.  On 6 February 2009, , the separation authority approved the findings and recommendation of the board, waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. 
       
       The applicant received two General Officer Memorandum of Reprimand's (GOMOR), the first GOMOR was for being arrested by the civilian police for driving under the influence of alcohol on (060327), as determined by a properly conducted test, dated 27 June 2006, (Administrative), and the other GOMOR was for being arrested by the civilian police for driving under the influence of alcohol on (071208), as determined by a properly conducted test, and she was previously cited for driving under the influence on (060328 and 070317), dated 1 February 2008 (Administrative). 
       
       The record contains three Military Police Report's in reference to the applicant's offenses of driving under the influence of alcohol, dated 28 March 2006, 17 March 2007 and 8 December 2007. 

       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 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 her 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 her 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 that the applicant did not submit an issue of equity or propriety for the board's consideration and the board has not otherwise relied upon an issue of equity or propriety to change the discharge.  
       
       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: 24 September 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated 14 December 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 AR20100000417
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