Applicant Name:  ?????

Application Receipt Date: 2011/02/28	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he wants to become a police officer and his discharge should be changed because what he did ten years ago was a mistake he made a long time ago.  He got into a fight off post with another soldier and alcohol was involved and he was young at the time.  Now he is majoring in criminal justice and the type of discharge he has is frowned upon.  He made an underage mistake for which he is sorry for.  

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: 000814
Discharge Received: 			   Date: 000826   Chapter: 14-12c       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKQ   Unit/Location: HQ & HQ Company, 17th Aviation Brigade, Unit # 15270, Korea, APO AP  

Time Lost: None

Article 15s (Charges/Dates/Punishment): 000119, violated a lawful general regulation by wrongfully consuming alcohol while under 20 years of age (991223), extra duty and restriction for 7 days (Summarized)

000621, failed to obey a lawful order issued by a Colonel (000529), violated a lawful general regulation by wrongfully consuming alcohol while under 20 years of age (000529), unlawfully struck a Corporal (000529), drunk and disorderly (000529), reduction to Private (E-2), foreiture of $263.00 pay, extra duty and restriction for 14 days and an oral reprimand (CG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 990216    Current ENL Term: 3 Years  ?????
Current ENL Service: 	1 Yrs, 6 Mos, 11 Days ?????
Total Service:  		1 Yrs, 6 Mos, 11 Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 92G10 Food Service Spec   GT: 94   EDU: HS Grad   Overseas: Korea (990807-000826)   Combat: None
Decorations/Awards: 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 7 August 2000, 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 violated a lawful general regulation by drinking underage on several occasions, committing assault, violating a unit policy regarding curfew, and being drunk and disorderly, with a general, under honorable conditions discharge.  He was advised of his rights.  On 14 August 2000, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement in his own behalf.  
       
       The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  On 16 August 2000, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. 
       
       The record contains a Military Police Report in reference to the applicant's offense of simple assault dated 17 February 2000.

       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 wants to become a police officer and his discharge should be changed because what he did ten years ago was a mistake he made a long time ago and he was young at the time.  Now he is majoring in criminal justice and the type of discharge he has is frowned upon.  The analyst congratulates the applicant on his achievement since departing the Army.  However, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities. 
       
       Additionally, 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.
       
       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: 28 September 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated 9 February 2011.

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 AR20110003868
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