Applicant Name:  ?????

Application Receipt Date: 2010/05/21	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states "While stationed in Korea I was involved in a two car accident, and in lieu of going to court I paid a fine. I fill the characterization of service I recived dose not reflect the level of service I preformed. For the last 11 years I have had no issues with any law enforcement agenicies and I have worked as a armed security officer at Ft. Sill Ok, I am currently working as a contractor in Iraq supporting the troops, and would like to continue doing so."

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: 990407
Discharge Received: 			   Date: 990508   Chapter: 14-12c       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKQ   Unit/Location: US Army Contracting Command, Korea 

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:  25
Current ENL Date: Reenl/950417    Current ENL Term: 6 Years  ?????
Current ENL Service: 	4 Yrs, 0 Mos, 22 Days ?????
Total Service:  		11 Yrs, 9 Mos, 4 Days ?????
Previous Discharges: 	RA 870805-910527/HD
                                       RA 910528-930930/HD
                                       RA 931001-950416/HD
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 71L20 Admin Spec   GT: 109   EDU: GED Cert   Overseas: Southwest Asia, Korea (970217-980216)   Combat: Kuwait (900911-910408-prior service)
Decorations/Awards: ARCOM (2), AAM (3), GCMDL (3), NDSM, SWASMDLw/2 BSS, NCOPDRw/Num 2, ASR, OSRw/Num 2, KLMDL, CIB  

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 8 March 1999, the applicant was convicted in the Itaewon District Court, City of Seoul, Republic of Korea, on one charge of: (1) driving while under the influence of alcohol.  He was sentenced to a fine of 2,500,000 Won, and in the event he does not pay the fine, he was to be confined to work off the fine at a rate of 30,000 Won per day.  On 29 March 1999, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-5, AR 635-200, by reason of misconduct-commission of a serious offense, civilian court conviction, with a general, under honorable conditions discharge.  He was advised of his rights.  On 5 April 1999, the applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily and unconditionally waived consideration of his case by an administrative separation board 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 a general, under honorable conditions discharge.  On 29 April 1999,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 received a General Officer Memorandum of Reprimand (GOMOR) for driving while under the influence of alcohol and causing an accident, which injured another person dated 23 October 1998. 
       
       The record contains a Military Police Report in reference to the applicant's offense of driving while under the influence of alcohol dated 30 October 1998.

       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, and the issue submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the applicant's discharge.  
       
       There was a full consideration of all faithful and honorable service as well as the infractions of discipline, the extent thereof, and the seriousness of the offenses.  The evidence of record shows the applicant was convicted in a civil court for  driving while under the influence of alcohol and was sentenced to a fine of 2,500,000 Won, and in the event he did not pay the fine, he was to be confined to work off the fine at a rate of 30,000 Won per day.  Because of the civilian conviction, the applicant diminished the quality of his service below that meriting a fully honorablel discharge.  Additionally, the evidence of record further shows that the applicant waived his rights to an administrative separation board and did not submit a statement in his own behalf.  The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that his service mitigated the misconduct of record.     
       
       The analyst noted the applicant's issue that he feels his characterization of service does not reflect the level of service he preformed and for the past eleven years, he has had no issues with any law enforcement agencies and he has worked as a armed security officer at Ft. Sill Ok.  He is currently working as a contractor in Iraq supporting the troops, and he would like to continue doing so.  The analyst considered the applicant’s quality of service during the initial portion of the enlistment under review.  However, this service was determined not to be sufficiently meritorious to warrant an upgrade to the characterization of discharge.  Further, the analyst congratulates the applicant on his work achievements since departing the Army.  However, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.
       
       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: 9 February 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: Online application dated 11 May 2010.

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 2    No change 3
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 AR20100015308
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