Applicant Name:  ?????

Application Receipt Date: 2010/02/12	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he has been out of the military for six months and has not been able to find a job because of his discharge. He thought about his actions while in the military and he was wrong for what he did. He feels that he has been punished and he has learned his lesson. He is twenty two, with a wife and expecting mother living in his mother-in laws house. He is not able to support them because he has not been able to obtain a job since he was released from the military. He has been punish and he is asking that his family is not punished for his actions. He has been trying to better himself since he messed up in the military. He no longer drink and has been looking at different schools that might work with him in reference to financial aid. 

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: 090630
Discharge Received: 			   Date: 090720   Chapter: 14-12c       AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: 814th Engineer Company, 83rd Chemical Battalion, Fort Polk, LA 

Time Lost: Military confinement for 12 days from (090618-090629), as part of his punishment imposed from a Sumary Court-Martial.

Article 15s (Charges/Dates/Punishment): None

Courts-Martial (Charges/Dates/Punishment): 090618, Summary Court-Martial for wrongful previous overindulgence in intoxicating liquor or drugs, incapacitated for the proper performance of his duties x 2 on or about (090210), (090312). He was sentenced to reduction to Private (E-2), forfeiture of 2/3rds of his pay for 1 month, and 14 days confinement. 

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 060427    Current ENL Term: 3 Years  ?????
Current ENL Service: 	3 Yrs, 2 Mos, 12 Days ?????
Total Service:  		3 Yrs, 2 Mos, 12 Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 21C10 Bridge Crewmember   GT: 89   EDU: GED Cert   Overseas: Southwest Asia   Combat: Iraq (080525-080817)
Decorations/Awards: AAM, NDSM, GWOTSM, ICMw/CS, ASR

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 30 June 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 found guilty by Summary Court-Martial on (090618) for wrongful previous overindulgence in intoxicating liquor or drugs on (090210), (090312), and on divers occasions between (090101-090230), he was observed using cocaine, with an under other than honorable conditions discharge.  He was advised of his rights. 
       
       The applicant consulted with legal counsel, was advised of the impact of the discharge action, 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 an under other than honorable conditions discharge.  On 7 July 2009, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than honorable conditions. 

       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 record, and the issue submitted with the application, the analyst found several mitigating factors which would merit an upgrade of the applicant's characterization of service to general, under honorable conditions.  The analyst does not condone the applicant’s misconduct; however, the evidence in this case supports a conclusion that the characterization of service was too harsh, and as a result it is inequitable.  The analyst found that the overall length and quality of the applicant's service, to include his combat service and the unit commander's recommendation to withdraw the administrative separation action mitigated the discrediting entries in his service record.  
       
       Accordingly, the analyst recommends to the board that the applicant’s characterization of service be upgraded to general, under honorable conditions.  However, the analyst determined that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 25 October 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated 15 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 characterization of service was too harsh, and as a result it is inequitable.  The board found that the overall length and quality of the applicant's service, to include his combat service and the commanders recommendation mitigated the discrediting entries in the service record.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general, under honorable conditions.  However, the Board determined that the reason for discharge was proper and equitable and voted not to change it.  
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 5    No change 0
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 AR20100008476
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