Applicant Name:  ?????

Application Receipt Date: 2010/09/16	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that when he committed the minor offenses that had occurred, he was young minded and needed help with the problem at hand. When he asked his chain of command for this help they put it off completely. Before those incidents he had no problems and was the ideal Soldier and thinks that if he had a better chain of command he would have never went the path that he did. There is nothing more that he would want to do other than to be a part of the US Infantry. He thinks that was taken away from him due to his immatureness and lack of leadership in his chain of command. He would greatly appreciate the change to honorable so that he can go to the police academy and continue on with his life.  

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: 090519
Discharge Received: 			   Date: 090619   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: Company E, 4th Battalion, 3rd US Infantry Regiment (Old Guard), Fort Myer, VA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 090108, wrongfully consumed an alcoholic beverage while under the legal age of 21 (081227), drunk and disorderly (081228), reduction to Private (E-1), forfeiture of $673.00 pay per month for 2 months, extra duty and restriction for 45 days (FG)

090424, failed to go to his appointed place of duty (090410), failed to obey a lawful order issued by a CPT, his superior commissioned officer (090317), with intent to deceive, made to a SGT, an official statement which was false (090217), broke restriction (090215), forfeiture of $673.00 pay per month for 2 months, extra duty and restriction for 45 days (FG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 080116    Current ENL Term: 3 Years  16 weeks/The applicant required a moral waiver at the time of enlistment, which was approved on (071206).
Current ENL Service: 	1 Yrs, 5 Mos, 4 Days ?????
Total Service:  		1 Yrs, 5 Mos, 4 Days ?????
Previous Discharges: 	None
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: 11B10 Infantryman   GT: 100   EDU: GED Cert   Overseas: None   Combat: None
Decorations/Awards: NDSM, GWOTSM, ASRT

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 19 May 2009, the 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 did between (090511-081227), failed to report to his appointed place of duty, lied to a noncommissionned officer, broke restriction, wrongfully possessed and consumed alcohol while being under the legal drinking age on two occasions and tested positive for cocaine, with a general, under honorable conditions discharge.  He was advised of his rights. 
       
       On 4 June 2009, the applicant consulted with legal counsel, was advised of the impact of the discharge action, 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 12 June 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 issue and documents 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 was young minded and needed help with the problem he was having.  The analyst noted 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 applicant further contends that when he asked his chain of command for help they put it off completely and before those incidents, he had no problems and was the ideal Soldier.  He thinks that if he had a better chain of command, he would have never went the path that he did.  The analyst found no evidence of arbitrary or capricious actions by the command.  The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  
       
       Additionally, the analyst congratulates the applicant on his attempt to go to the police academy and continue on with his life.  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: 20 May 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated 9 September 2010, copy of his Separation Packet from the Army dated 12 June 2009.

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 AR20100023878
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