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 go to college in the future and get a degree in explosive engineering and help to research new weapons for the military to help with the war on terror.  He wasn't a bad soldier,but engaged in a stupid incident of drinking in Afghanistan after loosing one of his buddies in combat.  He realizes that what he did was stupid and ruined an otherwise good career and that there is no excuse.   

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: 100407
Discharge Received: 			   Date: 100709   Chapter: 13       AR: 635-200
Reason: Unsatisfactory Performance	   RE:     SPD: JHJ   Unit/Location: HQ Support Company, 3rd Battalion, 7th Special Forces Group (Airborne), Fort Bragg, NC 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 100202, failed to obey a lawful order issued by the Commander, US Central Command, by wrongfully consuming alcohol (091126), reduction to the pay grade of (E-5), forfeiture of $1, 207.00 pay per month for two 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:  19
Current ENL Date: 050712    Current ENL Term: 6 Years  ?????
Current ENL Service: 	4 Yrs, 11 Mos, 28 Days ?????
Total Service:  		4 Yrs, 11 Mos, 28 Days ?????
Previous Discharges: 	None
Highest Grade: E-6		Performance Ratings Available: Yes    No 
MOS: 18C2P SF Engineer Sergeant   GT: 112   EDU: HS Grad   Overseas: Southwest Asia   Combat:  Afghanistan (080511-081213) & (090701-091128)
Decorations/Awards: BSM, ARCOM, GCMDL, NDSM, AFGCMDLW/2 CS, GWOTSM, NCOPDR (2), ASR, CIB, SFT

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 April 2010, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 13, AR 635-200, by reason of unsatisfactory performance for having been repeatedly counseled on his inability to perform as a Special Forces Soldier and that his poor performance will continue to be a problem for this unit and the United States Army; he has been given an opportunity to perform at every level in the Battalion and has failed each time.  Also, he has demonstrated through other actions and poor decisions that he is a liability to this Command and the Special Forces Branch.  The unit commander recommended separation with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 8 April 2010, 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 Army and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed action and recommended approval with a general, under honorable conditions discharge.  
       
       On 29 April 2010, the separation authority waived further rehabilitation and directed that the applicant be discharged with a general, under honorable conditions discharge.  The applicant was not transferred to the U.S. Army Reserve Control Group. 
       
       The applicant received a Letter of Reprimand for drinking alcohol while in Heart, Afghanistan undated, (Administrative). 

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this Chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory Soldier.  Army policy states that a general, under honorable conditions discharge is normally considered appropriate; however, a fully honorable discharge may be granted in meritorious cases.

       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.  There was a full consideration of all faithful and honorable service as well as the incidents of unsatisfactory performance.  
       
       The analyst determined that the applicant’s discharge was appropriate because the quality of the applicant's service was not consistent with the Army’s standards for acceptable personal conduct and performance of duty by military personnel.  By the unsatisfactory performance, the applicant diminished the quality of his service below that meriting a fully honorable characterization of service.  
       
       The analyst noted the applicant's issue that he wants to go to college in the future and get a degree in explosive engineering and help to research new weapons for the military to help with the war on terror.  He wasn't a bad soldier,but engaged in a stupid incident of drinking in Afghanistan after loosing one of his buddies in combat.  The analyst considered the applicant’s quality of service during the initial portion of the enlistment under review.  However, this service was determined not to be sufficiently meritorious to warrant an upgrade to the characterization of discharge.  
       
       Further, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill 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 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 23 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 2    No change 3
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 AR20110003882
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