Applicant Name:  ?????

Application Receipt Date: 2010/06/29	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that the reason he is requesting that his discharge be upgraded from under other than honorable conditions to general, under honorable conditions is so that he can move forward with his life. The upgrade would allow him the use of the GI Bill, which would let him pay for college and succeed in life. He understand now the serious consequences that could have occurred as a direct result of his own stupidity.

He was young, scared and had a huge break down of judgement, which he knows doesn't affect the seriousness of his error. He has learned several lessons from his mistake, don't try to escape your problems with alcohol is one, and face your issues like a man is another. In closing he would like to say that he deeply regrets his actions and has changed because of it, and if his request is approved it will help him to continue to change himsel for the better.

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: 071025
Discharge Received: 			   Date: 080215   Chapter: 14-12c       AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: D Company, 1st Battalion, 508th Parachute Infantry Regiment, Combined Task Force Fury, Combined/Joint Task Force (CJTF), Kandahar Airfield, Afghanistan, APO AE 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 070523, was found sleeping upon his post x 2 on (070421), and (070505),reduction to Private (E-2), forfeiture of $363.00 pay, extra duty and restriction for 14 days (CG).

Article 15, 070816, failed to go to his appointed place of duty on (070803), reduction to Private (E-1), forfeiture of $326.00 pay, extra duty and restriction for 14 days (CG).

Courts-Martial (Charges/Dates/Punishment): 071025, failed to maintai n control of his assigned weapon on (070831), wrongfully consumed alcohol on (070831), drunk on duty on (070831), and recklessly manned a .50 cal machine gun while intoxicated likely to cause death or grievous bodily harm on (070831). He was sentenced to confinement for 30 days and forfeiture of $867.00 pay.

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 060308    Current ENL Term: 4 Years  19 weeks
Current ENL Service: 	1 Yrs, 11 Mos, 8 Days ?????
Total Service:  		1 Yrs, 11 Mos, 8 Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 11B1P Infantryman   GT: 96   EDU: HS Grad   Overseas: Southwest Asia   Combat: Afghanistan (070106-071222)
Decorations/Awards: NDSM, AFGCMDL, GWOTSM, NATOMDL, ASR, OSR


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 25 october 2007, 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 wrongfuly failed to maintain control of his assigned weapon on (070831), wrongfully consumed alcohol, was found drunk on duty, wrongfully and wrecklessly manned a .50 caliber machine gun while intoxicated, failed to go to his appointed place of duty on (070803), and was found sleeping upon his post x 2 on (070421), and (070505). The unit commander recommended separation with an under other than honorable conditions discharge.  He was advised of his rights. 
       
       On 25 October 2007, the applicant consulted with legal counsel, was advised of the impact of the discharge action, unconditionally waived consideration of his case by an administrative separation board pursuant to his offer to plead guilty in a pending court-martial on 16 October 2007, 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 11 November 2007, the separation authority waived further rehabilitative efforts, approved the request for a waiver and directed that the applicant be discharged with a characterization 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 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.  
       
       The analyst determined that 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 the 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 analyst noted the applicant's issue that he is requesting an upgrade because it would allow him the use of the GI Bill, which would let him pay for college so that he can succeed in life.  Eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.
       
       The applicant further contends that he was young, scared and had a huge break down of judgement, which he knows doesn't affect the seriousness of his error. He deeply regrets his actions and has changed because of it, and if his request is approved it will help him to continue to change himsel for the better.  The analyst found that the applicant met entrance qualification standards to include age.  The analyst further found no evidence that the applicant was any less mature than other soldiers of the same age who successfully completed military service.  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.
       
       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: 16 March 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated 14 June 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 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: 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 AR20100018028
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