Applicant Name:  ?????

Application Receipt Date: 2010/05/07	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states in effect that he would like an upgrade of his discharge to reflect his actual character of service and to allow him the opporunity to once again hold his head high as an honorably separated veteran and ex US Army service member.

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: 050412
Discharge Received: 			   Date: 050504   Chapter: 14-12b       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKA   Unit/Location: A Btry, 2/5th FA, Fort Sill, OK 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 041216, Failed to obey a lawful general regulation (041118), extra duty and restriction for 14 days, Summarized Article 15.

050214, Breaking restriction (050116), reduction to E1; forfeiture of $616.00 pay per month for two months (suspended); and extra duty and restriction for 45 days, (FG).

Courts-Martial (Charges/Dates/Punishment): None, however, the Unit Commander's recommendation memorandum makes reference to the applicant having been convicted by trial in a Summary Court-Martial for breaking restriction.

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  17
Current ENL Date: 020306    Current ENL Term: 04 Years  ?????
Current ENL Service: 	03 Yrs, 01Mos, 29Days ?????
Total Service:  		03 Yrs, 01Mos, 29Days ?????
Previous Discharges: 	None
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 13B10/Cannon Crewmember   GT: 111   EDU: GED   Overseas: Southwest Asia   Combat: Iraq (030319-040416)
Decorations/Awards: ARCOM, AAM, AGCM, NDSM, ASR, GWOTSM, GWOTEM

V.  Post-Discharge Activity
City, State:  Alexandria, VA
Post Service Accomplishments: None Listed








VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       Evidence of record shows that on 12 April 2005, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, by reason of pattern of misconduct for having been convicted by a trial in a Summary Court-Martial for breaking restriction, having been formally punished under Article 15, UCMJ for disobeying a lawful general regulation, and breaking restriction, having been arrested and detained by the Lawton Police Department for driving while under the influence of alcohol, underage drinking, public intoxication, refusal to stop for police, and speeding, and having been counseled for failure to report, with a general, under honorable conditions discharge.
       
       He was advised of his rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, and did 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 a general, under honorable conditions discharge.
       
       The separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions.
       
       The applicant's record contains a Military Police Report, dated 23 Feburary 2005, Military Police Desk Blotter, dated 24 February 2005, and a Bar to Reenlistment Certificate, dated 24 March 2005.

       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 during the period of enlistment under review, the documents, and the issues he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  
       
       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 his 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 applicant contends that because of the death of his section chief and the severe emotionally distress at the loss of his fallen comrades he started self medicating with excessive use of alcohol in order to deal with his issue of survivors guilt.  However, the analyst determined that the applicant had many legitimate avenues through which to obtain assistance or relief, without committing the misconduct, which led to the separation action under review.
       
       
       
       
       
       
       
       Furthermore, the applicant contends that through the Department of Veterans Affairs it was determined he was suffering from Post Traumatic Stress Disorder.  However, the record does not support the issue that the applicant suffers from Post Traumatic Stress Disorder and no evidence to support it has been submitted by the applicant, that the discharge was the result of any medical condition.  
       
       Further, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.”  If reenlistment is desired, the applicant should contact the local recruiter to determine 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.  
       
       In view of the foregoing, the analyst determined that the characterization of service and reason for discharge 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: 14 January 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel:  [ redacted ]

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, self-authored letter (3 pages), letter from [ redacted ] University, certificate of completion, certificate of appreciation (2), certificate of training, certificate of membership National Association of [ redacted ], letter from the University of [ redacted ] and University of [ redacted ], Certificate from [redacted ] College "Substance Abuse Rehabilitation Counselor" and Associate of Science Degree, letter from the Department of Veterans Affairs, letter from The [ redacted ] , dated 23 April 2010, DD Form 2-1 (4 pages), discharge orders, and DD Form 214 for the period of service under review.

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: NA
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA










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 AR20100014525
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