Applicant Name:  ?????

Application Receipt Date: 2009/12/08	Prior Review:     Prior Review Date: 030430, Denied  

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 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: 990728
Discharge Received: 			   Date: 990914   Chapter: 13      AR: 635-200
Reason: Unsatisfactory Performance	   RE:     SPD: JHJ   Unit/Location: 507th Medical Co, Ft Hood, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 990707, physically controlled a vehicle with a blood alcohol concentration of 0.113 (900523); reduction to E2, forfeiture of $200 pay per month for one month and extra duty for 30 days (FG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  23
Current ENL Date: 970922    Current ENL Term: 3 Years  ?????
Current ENL Service: 	1 Yrs, 11Mos, 23Days ?????
Total Service:  		1 Yrs, 11Mos, 23Days ?????
Previous Discharges: 	None
Highest Grade: E3		Performance Ratings Available: Yes    No 
MOS: 92G10 Food Services Spec   GT: 94   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: ASR

V.  Post-Discharge Activity
City, State:  Oldsmar, FL
Post Service Accomplishments: None listed.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 26 July 1999, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 13, AR 635-200, by reason of unsatisfactory performance for driving while intoxicated and failure to maintain personal finances after numerous counselings and financial classes with a general, under honorable conditions discharge.  
       He was advised of his rights.  On 27 July 1999, 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 with a general, under honorable discharge.  
       On  5 August 1999, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a general, under honorable conditions discharge. 

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this Chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory Soldier.  Army policy states that a general, under honorable conditions discharge is normally considered appropriate, however, a fully honorable discharge may be granted in meritorious cases.

       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 that would merit an upgrade of the applicant's discharge.  
       There was a full consideration of all faithful and honorable service as well as the incidents of unsatisfactory performance.  The analyst determined that the applicant’s discharge was appropriate because the quality of the service was not consistent with the Army’s standards for acceptable personal conduct and performance of duty by military personnel.  By the unsatisfactory performance, the applicant diminished the quality of service below that meriting a fully honorable characterization of service.  
       Furthermore, the analyst noted the applicant issues that he was improperly counseled on the impact of this discharge and benefits, but found no evidence of arbitrary or capricious actions by the command.  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 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: 26 July 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: VSO
                 501 1st Ave N. Room 517
                 St. Petersburg, FL 33713 

Witnesses/Observers: Father testified on his behalf. 

Exhibits Submitted: Letter of Recommendation (1 page), current photo (1 photo), DD Form 214, Self Guide to Discharge Upgrading (2 pages), Letter from Mental Health Services (1 page), Power of Attorney (1 page), Birth Certificate (1 page), Hand written letter from father (1 page), Disposition Statement from applicant (4 pages), Gulf Coast Community Care (8 pages), Baltimore International Culinary College (5 pages), Letter of Recommendation (1 page), DA Form 4856 (3 pages), DD Form 2586 (6 pages), Weekly Progress Sheet (1 page), Certificate of Affiliation (2 pages), Basic Training photo (1 photo)












 

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant's record of service during the period of enlistment under review, hearing his farther's testimony 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: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: Na
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20100000712
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