Applicant Name:  ?????

Application Receipt Date: 2011/06/22	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he was not given adequate counselling for the many issues that he was dealing with at the time of his discharge.  The passing of both grandparents and a close friend; he was not given an outlet to express his feelings.  He was young with adjustment problems that took the form of alcohol abuse and even a failed attempt at suicide.  

He feels that the military failed to provide professional counseling opportunities and his problems were many and varied and he was not told that he could have received outside assistance froma civilian professional and VA.  His ability to serve was impaired by his youth and immaturity and by a lack of counseling requirements that were not fully met.  Since his discharge, he has attended and finished an undergraduate degree and is preparing to attend graduate school in hopes of becoming a Medical Doctor.   

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: 030205
Discharge Received: 			   Date: 030225   Chapter: 14-12b       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKA   Unit/Location: Company B, 2nd Battalion, 8th Infantry Regiment, 2nd Brigade, 4th Infantry Division (Mechanized), Fort Hood, TX 

Time Lost: AWOL x 1 (021121-021126) for 5 days.  The applicant returned to his unit. 

Article 15s (Charges/Dates/Punishment): 030109, AWOL (021121-021126), failed to go to his appointed place of duty x 4 (021120), (021018), (020730), (020709), reduction to Private (E-2), forfeiture of $289.00 pay, extra duty and restriction for 14 days (CG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: 010615    Current ENL Term: 3 Years  ?????
Current ENL Service: 	1 Yrs, 8 Mos, 6 Days ?????
Total Service:  		1 Yrs, 8 Mos, 6 Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 11B10 Infantryman   GT: 102   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: The applicant stated in his issue that he has acquired a bachelors degree in professional studies and is preparing to begin a graduate degree program and he has developed a business that will not only help him but also veterans of the armed forces who are seeking employment.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 5 February 2003, 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 repeatedly failed to report to his appointed place of duty and received an Article 15 for those violations and still chose not to comply; he had been arrested for public intoxication and convicted of driving under the influence.
       
       His drinking problem has caused his license to be revoked and in addition to the charges above he had also been counseled for debt management (i.e., writing bad checks & overdue items) and disobeying noncommissioned officers. The unit commander recommended separation with a general, under honorable conditions discharge.  He was advised of his rights. 
       
       On 5 February 2003, the applicant consulted with legal counsel, was advised of the impact of the discharge action, waived consideration of his case by an administrative separation board contingent upon him receiving a characterization of service no less favorable than a general, under honorable conditions discharge, even though the applicant was not entitled to an administrative separation board. 
       
       The applicant 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 reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.  On 10 February 2003, 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 applicant received a General Officer Memorandum of Reprimand (GOMOR) for drunk driving dated 14 June 2002 (Administrative).

       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, the issue and documents 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 not given adequate counselling for the many issues that he was dealing with at the time of his discharge.  While the applicant may believe his family issues at home was the underlying cause of his misconduct, the record of evidence does not demonstrate that he sought relief from issues through his command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other medical resources available to all Soldiers.  Likewise, he has provided no evidence that he should not be held responsible for his misconduct.  
       
       The applicant further contends that his ability to serve was impaired by his youth and immaturity and by a lack of counseling requirements that were not fully met.  The analyst noted 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. 
       
       Additionally, the evidence of record shows that the command attempted to assist the applicant in performing and conducting himself to Army standards by providing counseling and by the imposition of nonjudicial punishment.  The applicant failed to respond appropriately to these efforts.  
       
       Finally, the analyst acknowledges the applicant's successful transition to civilian life and noted the many accomplishments outlined in his application and/or in the documents with his application.  However, in review of the applicant’s entire service record, the analyst found that these accomplishments did not overcome the reason for discharge and the characterization of service granted. 
       
       In view of the foregoing, 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: 6 January 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated 20 May 2011, two character reference letters dated 4 February 2011, 25 May 2011, self authored statement from the applicant undated.



















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						
Board Vote:
Character - Change 0    No change 5
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: No Change
RE Code: 
Grade Restoration:   No   Yes   Grade: No Change

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 AR20110013271
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