Applicant Name: ?????
Application Receipt Date: 2011/05/23 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: The applicant states, in effect, that he requests an upgrade of his discharge to fully honorable. He contends being discharged for driving under the influence of alcohol which was later dropped, and he plead no contest to the minor offense of disorderly conduct that would not have led to a 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: 100611
Discharge Received: Date: 100727 Chapter: 14-12c AR: 635-200
Reason: Misconduct, (Serious Offense) RE: SPD: JKQ Unit/Location: HHC, 425th Bde Spt BN (Airborne), Fort Richardson, AK
Time Lost: None
Article 15s (Charges/Dates/Punishment): 100324, without authority, failure to report; reduction to E-3, forfeiture of $448 pay (suspended), extra duty for 14 days and restriction for 14 days (suspended for 180 days), (CG). This Article 15 is not contained in the available record, see unit commander's recommendation memorandum.
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 24
Current ENL Date: 070809 Current ENL Term: 04 Years 00
Current ENL Service: 02 Yrs, 11 Mos, 19 Days ?????
Total Service: 07 Yrs, 11 Mos, 27 Days ?????
Previous Discharges: RA-020731-041214/HD
RA-041215-070808/HD
Highest Grade: E-4 Performance Ratings Available: Yes No
MOS: 63W1P Health Care Spec GT: 116 EDU: HS Grad Overseas: Alaska/Southwest Asia Combat: Iraq (061003-071130), Afghanistan (031026-040730), (090216-100224)
Decorations/Awards: ARCOM-3, AGCM-2, NDSM, ICM-W/2 CS, ACM-W/CS, GWOTEM, GWOTSM, ASR, OSR-4, NATO MDL, CMB, CAB
V. Post-Discharge Activity
City, State:
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 11 June 2010, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of misconduct-commission of a serious offense for driving under the influence of alcohol, with a general, under honorable conditions discharge. He was advised of his rights.
On 16 June 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 of the separation with a general, under honorable conditions discharge.
On 16 June 2010, the separation authority waived further rehabilitation and directed the applicants discharge with a characterization of service of general, under honorable conditions.
The applicant's record contains a General Officer Memorandum of Reprimand (GOMOR), dated 18 March 2010, for driving under the influence of alcohol (Administrative).
The applicant's record contains a Military Police Report, dated 7 March 2010.
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 applicants military records during thr period of enlistment under review, the issues and documents submitted with the application, the analyst found several mitigating factors which would merit an upgrade of the applicant's characterization of service to fully honorable.
There was a full consideration of all faithful and honorable service as well as the infraction of discipline, the extent thereof, and the seriousness of the offense. The evidence in this case supports a conclusion that the applicants characterization of service is too harsh, and as a result it is inequitable. While applicant's misconduct is not condoned, the analyst found that the overall length and quality of the applicant's service, to include his combat service (i.e., three combat tours), mitigated the discrediting entry in his service record.
Accordingly, the analyst recommends to the Board that relief be granted in the form of an upgrade of the characterization of service to fully honorable. However, the analyst determined 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: 20 December 2011 Location: Washington, DC
Did the Applicant Testify? Yes No
Counsel: NA
Witnesses/Observers: NA
Exhibits Submitted: DD Form 293, dated 9110517); Document, District Court at Anchorage, dated (110413); and a DD Form 214, dated (100727).
VIII. Board Discussion, Determination, and Recommendation
After carefully examining the applicants record of service during the period of enlistment under review and considering the analysts recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted to deny relief.
IX. Board Decision
Board Vote:
Character - Change 1 No change 4
Reason - Change 0 No change 5
(Board member names available upon request)
X. Board Action Directed
Issue a new DD Form 214
Change Characterization to:
Change Reason to: No Change
Other: NA
RE Code:
Grade Restoration: No Yes Grade: None
XI. Certification Signature
Approval Authority:
EDGAR J. YANGER
Colonel, U.S. Army
President, Army Discharge Review Board
BONITA E. TROTMAN
Lieutenant Colonel, U. S. Army
Secretary Recorder
?????
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 AR20110011324
______________________________________________________________________________
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