Applicant Name:  ?????

Application Receipt Date: 2011/03/28	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he was unjustly discharged for reasons that was unfair due to him being a private and his last incident was when he had a physical altercation with a Sergeant.  He is looking for employment and a lot of jobs require an honorable discharge from a vet and that he is disabled.  He has been turned away from jobs due to him not having an honorable discharge.  

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: 080325
Discharge Received: 			   Date: 080409   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: C Battery, 6th Battalion, 37th Field Artillery Regiment, Camp Casy, Korea 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 080215, violated a lawful general regulation by wrongfully having a blood alcohol content over .10% x 2 (071024), (080203), wrongfully consumed alcohol while participating in a field exercise (071024), wrongfully possessed 10 knives for other than official purposes (080203), unlawfully carry a concealed weapon (080203), reduction to Private (E-1), forfeiture of $670.00 pay per month for one month, extra duty and restriction for 45 days (FG)

071002, violated a lawful general regulation by wrongfully having a blood alcohol content over .10% (070826), wrongfully consumed alcohol while participating in a field exercise (070826), reduction to Private (E-1), forfeiture of $650.00 pay per month for two months, one month pay suspended, to be automatically remitted if not vacated before (080331), extra duty and restriction for 45 days (FG)

070803, failed to oby a lawful general order, by wrongfully staying off post overnight without a DA 31 Pass, (070715), (Summarized) 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  21
Current ENL Date: 061115    Current ENL Term: 4 Years  ?????
Current ENL Service: 	1 Yrs, 4 Mos, 25 Days ?????
Total Service:  		1 Yrs, 4 Mos, 25 Days ?????
Previous Discharges: 	None
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: 13M10 MLRS/HIMARS Crew   GT: 109   EDU: HS Grad   Overseas: Korea (070401-080409)   Combat: None
Decorations/Awards: NDSM, GWOTSM, KDSM, ASR, OSR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: The applicant states in his issue that he has been doing a lot of volunteer work in his church and other communities.  He has become a better person and would like for it to show on his DD Form 214.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 12 March 2008, 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 received a Summarized Article 15 on (070803) for violating 21D Policy Letter #7, staying off post without a valid DA Form 31; on (071002), a Field Grade Article 15 for violating 21D Policy Letter #8, having a BAC over .10%, and for consuming alcohol during a field exercise; and on (080215) he received a Field Grade Article 15 for violating 21D Policy Letter #8, having a BAC over .10%, consuming alcohol during a field exercise, wrongfully possessing 10 knives, and carrying a concealed weapon. 
       
       The unit commander recommended separation with a general, under honorable conditions discharge.  He was advised of his rights.  On 14 March 2008, the applicant waived 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.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.  On 31 March 2008, 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, 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 was unjustly discharged for reasons that was unfair due to him being a private and his last incident was when he had a physical altercation with a Sergeant.  The record does not support the applicant’s contention and 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.  
       
       The applicant further contends that he is looking for employment and a lot of jobs require an honorable discharge from a vet and that he is disabled.  He has been turned away from jobs due to him not having an honorable discharge.  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.  Further, 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: 12 October 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 149 dated 25 March 2011 in lieu of a DD Form 293.

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 AR20110006126
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