Applicant Name:  ?????

Application Receipt Date: 2010/07/22	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he was discharged due to a DUI. He knew that it was wrong and has served his punishment even though there were many people in his unit that had DUI's. He was a great Soldier and has been for 5 years and his Captain has said many times this same thing. He is no longer drinking and has  been clean for 7 months now. He wishes to get back in the Army, if he can get the chance and will not fail the Army or himself again. He can prove himself a valuable asset to the Army and has come from a long line of Soldiers. His father was a SFC before he was given a Medical boarded and discharged. His goal if he is let back in, is to prove himself and surpass his fathers rank. 

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: 090923
Discharge Received: 			   Date: 091016   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: Bravo Battery, 1st Battalion, 41st Field Artillery Regiment, 1st Heavy Brigade Combat Team, 3rd Infantry Division, Fort Stewart, GA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 090309, failed to go to his appointed place of duty x 3 (090122), (090207) and (090218), reduction to the grade of Provate (E-3), extra duty and restriction for 7 days (CG)

Article 15, 050711, the continuation sheet depicting the applicant's charges are not part of the available record; however, the following punishment was imposed: forfeiture of $617.00 pay per month for 2 months, and extra duty for 45 days (FG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  23
Current ENL Date: 080911    Current ENL Term: 3 Years  2 weeks
Current ENL Service: 	1 Yrs, 1 Mos, 6 Days ?????
Total Service:  		7 Yrs, 0 Mos, 27 Days ?????
Previous Discharges: 	ARNG 020920-040616/NA
                                       ADT    040617-041002/HD
                                       ARNG 041003-041009/NA
                                       ADT    041010-060120/NA
                                       ARNG 060121-080910/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 13B10 Cannon Crewmember   GT: 89   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (dates-NIF)
Decorations/Awards: AAM, NDSM, GWOTSM, ICMDLw/CS, AFRMw/ "M" Device, ASR, CIB

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: The applicant stated in his issue that he is no longer drinking and has been clean for 7 months now.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 23 September 2009, 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 failed to obey a lawful order, failed to report on numerous occasions, overindulgent in alcohol, lost his ID card, and failed to meet the standards of AR 670-1. The unit commander recommended separation with a general, under honorable conditions discharge. 
       
       He was advised of his rights.  On 23 September 2009, the applicant consulted with legal counsel, was advised of the impact of the discharge action, requested 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 1 October 2009, 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 analyst determined that the discharge is improper.  
       
       The evidence of record shows that the applicant consulted with legal counsel and requested consideration of his case by an administrative separation board and had over 6 years of total active and reserve military service at the time of initiation of separation action.  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.  The analyst determined that denial of an administrative separation board constituted a prejudicial error to the rights of the applicant and the discharge is improper.  
       
       In view of the foregoing, the analyst recommends to the Board that relief be granted in the form of an upgrade of the characterization of service to fully honorable and a change to the narrative reason for separation to Secretarial Authority under the provisions of Chapter 5-3, AR 635-200, with a corresponding SPD code of "JFF."
       
       
       
       
       
       
       
       
       
       
       
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 6 April 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated 21 July 2010, Copy of his Honorable Discharge (DD Form 214) for the period of service ending 20 January 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 discharge was and is improper.  The evidence of record shows that the applicant consulted with legal counsel and requested consideration of his case by an administrative separation board and had over 6 years of total active and reserve military service at the time of initiation of separation action.  The Board 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 and did not waive it.  The Board determined that denial of an administrative separation board constituted a prejudicial error to the rights of the applicant and the discharge is improper.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable and a change to the narrative reason for separation to Secretarial Authority.  
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 5    No change 0
Reason -     Change 5    No change 0
(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: "Secretarial Authority" under the provisions of Chapter 5-3, AR 635-200, with a corresponding SPD code of "JFF."
Other: None										
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 AR20100019366
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