Applicant Name:  ?????

Application Receipt Date: 2010/08/11	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states: "I received a General Discharge under Honorable conditions.  I wish to change this to an Honorable Discharge.  I don't believe I should receive anything less than honorable. I was discharged because the Army said I was an alcoholic and needed help. I had reached out for help and they couldn't give me what I needed, so they discharged me.  I should be eligible for benefits because I did serve honorably and reached out for help, but then the Army stopped offering because I didn't agree to the terms."

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   N/A

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: 011115
Discharge Received: 			   Date: 020124   Chapter: 14-12b      AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: B Co.,1-14th Infantry Bn, Schofield Barracks, HI 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 010309, failed to go at the time prescribed to his appointed place of duty x3 (000714, 000816, 010305); and, dereliction of duty (010305), extra duty and restriction for 14 days (Summarized).  

010424,  failed to go at the time prescribed to his appointed place of duty (010323); and, as a result of wrongful previous onverindulgence in intoxicating liquor, was incapacitated for the proper performance of his duties (010323), reduction to E-2 (suspended, to be automatically remitted if not vacated before 24 May 01); forfeiture of $272.00 (suspended, to be automatically remitted if not vacated before 24 May 01); extra duty and restriction for 14 days (CG).  

010814, as a result of wrongful previous overindulgence in intoxicating liquor, was incapacitated for the proper performance of his duties (010731), reduction to E-2, forfeiture of $272.00; 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:  21
Current ENL Date: 000110    Current ENL Term: 8 Years  ?????
Current ENL Service: 	2 Yrs, 0Mos, 15Days ?????
Total Service:  		2 Yrs, 0Mos, 15Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 11B10/Infantryman   GT: 105   EDU: 1 year College   Overseas: Hawaii   Combat: None
Decorations/Awards: ASR

V.  Post-Discharge Activity
City, State:  Livermore, CA
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 15 November 2001, 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 receiving three Articles 15: on 9 March 2001 for violating Article 86 on two occasions and Article 92; on 24 April 2001 for violating Article 86 and Article 134; and on 14 August 2001 for violating Article 134.  His unit commander recommended a general, under honorable conditions discharge. The applicant was advised of his rights.  
       
       In addition, he violated Article 86 x 6 (000714, 000816, 010128, 010228, 010906, 010908); Article 91 x 4 (010228, 010906, 011001, 011001); Article 112 (010731); Article 92 x 3 (010911, 010925, 011006) and failed to finish the ADAPC program because of his unwillingness to discontinue drinking alcohol (001010).
       
       On 19 November 2001, the applicant consulted with legal counsel, was advised of the impact of the discharge action, unconditionally waived his right to an administrative separation board, and did not submit a statement in his own behalf.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed action and recommended approval of the separation with a general, under honorable conditions discharge.  
       
       The separation authority waived further rehabilitative efforts and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.
       
       On 20 October 2000, the Clinical Director deemed the applicant an alcohol and drug rehabilitation failure as a result of the applicant's refusal to continue further treatment and his desire to continue drinking.
       

       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 issues 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 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 the former Soldier’s 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 states that the U.S. Army did not give him the help he needed.  The evidence of record shows that the command attempted to assist the applicant in performing and conducting himself to Army standards by providing counseling and by the imposition of non-judicial punishment on three ocassions.  The applicant failed to respond appropriately to these efforts.  In addition, the command supported his enrollment in an intensive, outpatient alcohol treatment program, which the applicant, by his own admission, withdrew himself from and continued to drink alcohol.
       The analyst noted the applicant's desire for benefits.  Eligibility for veteran's benefits 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.
       
       Therefore, the analyst determined 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: 23 February 2011         Location: Dallas, Texas

Did the Applicant Testify?  Yes     No  

Counsel: N/A

Witnesses/Observers: N/A 

Exhibits Submitted: None

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: N/A






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 AR20100021350
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