Applicant Name:  ?????

Application Receipt Date: 2010/03/23	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states "The reason for why I want you to consider upgrading my discharge is because when I got back from Iraq, I started to drink a lot and had a hard time dealing with stress and my experience overseas and I ended up without support from my commanders and I was too young to know what to do. Now I’ve realized how my participation in the war has altered my life, I don’t want this stain on my life. I want to be able to re-enlist and straighten out my military record.

I strongly believe that I didn’t get the correct support after my time in combat and I didn’t know how to deal with myself so I resorted to alcohol and this resulted to my general discharge under AR 635-200, PARA 14-12B. I was and still am a brave soldier and I need the chance to prove this to myself the DOD and our nation. I received an Army Commendation Medal in Iraq for serving this country, I need the chance to prove and fix my mistakes. Please consider my upgrade."

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: 070727
Discharge Received: 			   Date: 071001   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct 	   RE:     SPD: JKA   Unit/Location: 55th Engineer Company, 5th Engineer Battalion, 1st Engineer Brigade, US Army Maneuver Support Center, Fort Leonard Wood, MO 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 070413, disobeyed a lawful command from a CPT, his superior commissioned officer on divers occasions between on or about (070311-070323), reduction to private (E-1), forfeiture of $303.00 pay per month for one month, extra duty and restriction for 14 days (CG) 

Article 15, 070313, wrongfully consumed alcoholic beverages while under the legal age of 21 on or about (070223), reduction to Private (E-2), forfeiture of $340.00 pay, extra duty and restriction for 14 days (CG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 051026    Current ENL Term: 3 Years  19 weeks
Current ENL Service: 	1 Yrs, 11 Mos, 6 Days ?????
Total Service:  		1 Yrs, 11 Mos, 6 Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 21B10 Combat Engineer   GT: 116   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (060406-061102)
Decorations/Awards: ARCOM, NDSM, GWOTSM, ICMDL, 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 27 July 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12b, AR 635-200, by reason of a pattern of misconduct; in that he continued to act with disregard for rules and regulations, with an honorable discharge.  He was advised of his rights.  On 23 August 2007, 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 contingent upon him receiving a characterization of service no less favorable than an honorable discharge and did not submit 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 19 September 2007, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. 

       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, the issue he submitted, the analyst determined that the applicant's characterization of service is improper.  
       
       The evidence of record shows that the applicant consulted with legal counsel and waived his right to an administrative separation board contingent upon receiving an honorable discharge.  The analyst noted that he was entitled to have his case reviewed by an administrative separation board based upon his conditional waiver for an honorable characterization of service.  The analyst noted that an administrative separation board is a right and required under the provisions of Army Regulation 635-200, and the record reflects that the applicant did not receive an administrative separation board based on the conditional waiver he submitted nor an honorable characterization of service.  Furthermore, denial of an administrative separation board constituted a prejudicial error to the rights of the applicant and the characterization of his service is improper.  
       
       In view of the foregoing, the analyst recommends to the Board that partial relief be granted in the form of an upgrade of the characterization of service to fully honorable.  However, the narrative reason for discharge was both proper and equitable.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 3 December 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: Online application dated 18 March 2010, Certificate awarding him the ARCOM, and a Certificate of Promotion dated 26 October 2006. 

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 was improper.  The evidence of record shows that the applicant was entitled to an administrative separation board.  He waived the board contingent upon receiving a characterization of service no less than honorable. 

The record reflects that the applicant did not receive an honorable characterization of service based on the conditional waiver he submitted nor an adminstrative separation board.  The Army Discharge Review Board determined that denial of an administrative separation board constituted a prejudicial error to the rights of the applicant and the characterization is improper.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable.  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 AR20100011459
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