Applicant Name:  ?????

Application Receipt Date: 2010/12/27	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that since his discharge he has turned his life around and has zero incidents with the law. He has been alcohol free for over 90 days, working for the city of Altos and is happly married.

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: 081204
Discharge Received: 			   Date: 090128   Chapter: 14-12c (1)       AR: 635-200
Reason: Misconduct (AWOL)	   RE:     SPD: JKD   Unit/Location: 571st Military Police Company, 504th Military Police Battalion, Fort Lewis, WA 

Time Lost: AWOL x 2 from (080604-080617) for 14 days, the applicant returned to his unit, and military confinement from (080812-080903) for 22 days as part of his punishment imposed from a Summary Court-Martial.  Total time lost was 36 days.

Article 15s (Charges/Dates/Punishment): 080403, as a result of wrongful previous overindulgence in intoxicating liquor or drugs, incapacitated for the proper performance of his duties (080321), extra duty for 14 days (Summarized).

Courts-Martial (Charges/Dates/Punishment): 080812, Summary Court-Martial for failing to go to his appointed place of duty x 3 (080716), (080709), 080620), AWOL from (080604-080618), disobeyed a lawful order from CPT, his superior commissioned officer (080718), wrongfully used methylenedioxy-methampatamine between (080405-080505), and wrongfully having sexual intercourse with a woman not his wife (080723). He was sentenced to be reduced to Private (E-1), forfeiture of $893.00 pay per month for one month and confinement for thirty days. 

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  25
Current ENL Date: 060210    Current ENL Term: 6 Years  ?????
Current ENL Service: 	2 Yrs, 10 Mos, 13 Days ?????
Total Service:  		7 Yrs, 8 Mos, 28 Days ?????
Previous Discharges: 	USAR 010326-010401/NA
                                       RA      010402-010508/UNC
                                       USAR 010509-060209/NA
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 31B10 Military Police   GT: 94   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (061105-080121)
Decorations/Awards: NDSM, GWOTSM, ICMDLw/BSS, ASR, OSR (2), CAB

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: The applicant states in his issue that he has turned his life around and has zero incidents with the law.  He has been alcohol free for over 90 days, working for the city of Altos and is happly married.




VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 4 December 2008, 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 was found guilty by a Summary Court-Martial for failing to be at his appointed place of duty on divers occasions, AWOL, disobeying a lawful order, wrongfully using methylenedioxy-methampatamine, and wrongfully having sexual intercourse with a woman not his wife.  The unit commander recommended separation with an under other than honorable conditions discharge. 
       
       He was advised of his rights.  On 4 December 2008, the applicant waived legal counsel and consideration of his case by an administrative separation board, 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's reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge.  On 19 January 2009, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service 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 he submitted, the analyst determined that the characterization of service is improper.  
       
       The analyst noted that the government introduced into the discharge packet the results of a command directed competence for duty (i.e., fitness for duty) biochemical test.  This is limited use information as defined in AR 600-85.  Use of this information mandates award of a fully honorable characterization of service.  
       
       Accordingly, the analyst recommends to the board that the applicant’s characterization of service be upgraded to fully honorable.  However, the analyst determined that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 10 August 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated 19 January 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 noted that the government introduced the results of a command directed urinalysis into the discharge process.  This is limited use information as defined in AR 600-85.  Use of this information mandates award of a fully honorable discharge.  Accordingly, the Board voted to change the characterization of service to fully honorable.  However, the board found that the reason for discharge was fully supported by the record and voted not to change it.  
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 5    No change 0
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 AR20100030454
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