Applicant Name:  ?????

Application Receipt Date: 2011/10/05	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that since his discharge he has turned his life around by working hard to clean up the wreckage of his past.  He has been clean and sober for more than 5 years and he has proudly worked for the same company for more than 5 years.  He is a new father and has been in a committed relationship with his child’s mother for more than 3 years and hopes to marry her.  Upon his discharge, he paid back $9,400.00 of his enlistment bonus in good faith.  He is asking that his status be upgraded to “Honorable” so that he can provide his family with a safe home, as well as update his resume and include his military experience as it is something that he is proud of. 

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: 990614
Discharge Received: 			   Date: 990804   Chapter: 14-12c     AR: 635-200
Reason: Misconduct	   RE:     SPD: JKQ   Unit/Location: Bravo Company, 1st Battalion, 17th Infantry Regiment, Fort Wainwright, Alaska  

Time Lost: None

Article 15s (Charges/Dates/Punishment): 980727, with intent to deceive, made a false official statement to SSG M, that he knew nothing of the incident with a mouse hanging from the door of SPC B with a noose and hood on (980706) at approximately 0100 (980706); restriction for 14 days; extra duty for 14 days; suspended, to be automatically remitted if not vacated before (981106); (Summary).

981030, wrongfully and falsely alter a certain instrument purporting to be an official military identification card by gluing another person’s identification card to the back and laminating it (980917); reduction to E-1; forfeiture of $218.00; extra duty for 14 days; and restriction for 14 days to the limits of company area, place of duty, dining and medical facilities, place of worship, and any area designated by the Command Sergeant Major; (FG).

Courts-Martial (Charges/Dates/Punishment): 990225, wrongfully used cocaine, a schedule I controlled substance (990116 – 990119); forfeiture of $638.00, hard labor without confinement for 45 days, and restriction for 45 days to the limits of place of duty, barracks, dining and medical facilities, place of worship, and PX (with NCO escort only); (SCM).

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 970828    Current ENL Term: 4 Years  ?????
Current ENL Service: 	1  Yrs, 11 Mos, 7 Days ?????
Total Service:  		1  Yrs, 11 Mos, 7 Days ?????
Previous Discharges: 	None
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: 11B10 Infantryman   GT: 110   EDU: HS Grad   Overseas: Alaska   Combat: None
Decorations/Awards: ASR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None
VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 14 June 1999, 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 wrongful use of cocaine, altering a Military ID card, making a false statement, drinking underage, and violating a lawful general regulation, with an under other than honorable conditions discharge.  He was advised of his rights.  
       
       On 14 June 1999, the applicant consulted with legal counsel, was advised of the impact of the discharge action, unconditionally waived his right to an administrative separation board, 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 an under other than honorable conditions discharge.  
       
       On 19 July 1999, the separation authority waived further rehabilitative efforts and directed the applicant’s discharge with a characterization of service of under other than 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 carefully examining the applicant’s record of service during the period of enlistment under review the issues and documents he submitted, the analyst determined that the discharge was both proper and equitable.  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 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 his 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 acknowledges the applicant's successful transition to civilian life and noted his accomplishments outlined with the application and 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 characterization of service granted.  Further, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  
       
       Therefore, the analyst determined 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 April 2012         Location: Washington, D. C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: DD Form 293 with a self-authored statement, 3 letters of support and a DD Form 214.

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: NA
RE Code: 
Grade Restoration:   No   Yes   Grade: NA

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 AR20110020117
______________________________________________________________________________


Page 3 of 3 pages