Applicant Name:  ?????

Application Receipt Date: 2011/10/27	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states:  “An upgrade or change is requested in light of the fact that I have devoted most of my adult life to the military way of life. I was a graduate of Marine Corp Scout Sniper School, Ranger School, Airborne School and various other tactical and educational courses. I have two Combat Deployments both in Iraq, equaling 28 months.  I know my accomplishments within the military don’t outweigh my decision to drink and drive, but I also know if I do not receive an upgrade then it will greatly hinder my options as far as contracting work or any work affiliated with the U.S. government. Also, I have been diagnosed with PTSD along with herniated discs and substantial hearing loss. My devotion and sacrifices to my country and the U.S. army have yielded nothing but an excellent learning experience, I would love the opportunity to pass on my skills and knowledge to the fullest.”

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: 101019
Discharge Received: 			   Date: 101118   Chapter: 14-12c    AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: HHC, 5th Ranger Training Bn, Fort Benning, GA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): The applicant’s record shows that on 24 June 2010 he was reduced in rank; however, the Article 15 that caused his reduction is not contained in his record.

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  28
Current ENL Date: 100208    Current ENL Term: 6 Years  Per ERB, reenlistment contract is not in the record
Current ENL Service: 	00 Yrs, 09 Mos, 11 Days ?????
Total Service:  		07 Yrs, 06 Mos, 27 Days ?????
Previous Discharges: 	RA 030422-051130/HD
                                       RA 051201-100207/HD
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 11B1V/Infantryman   GT: 104   EDU: HS Grad   Overseas: Hawaii, SWA   Combat: Iraq x 2 (071206-090226 and 040123-050219)
Decorations/Awards: ARCOM, AGCM-2, NDSM, ICM-CS, GWOTEM, GWOTSM, ACOPDR, ASR, OSR-3, CIB, RANGER TAB

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 19 October 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 being convicted of two offenses of driving under the influence, with a general under honorable conditions discharge.  He was advised of his rights.  
       
       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 on his 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 1 November 2010, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.
       
       The applicant’s record contains a General Officer Memorandum of Reprimand dated 17 June 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 applicant’s military records, and the issue and documents submitted with the application, the analyst recommends to the Board that the applicant’s characterization of service be upgraded to fully honorable.  
       
       This recommendation was made after full consideration of his faithful and honorable service, as well as the former Soldier’s record of misconduct.  The evidence in this case supports a conclusion that the applicant’s characterization of service was too harsh, and as a result it is inequitable.  While the applicant's misconduct is not condoned, the overall length and quality of the applicant's service which include two combat deployments mitigated the discrediting entries in the service record.  The applicant attained the rank of SGT/E-5 and was awarded an Army Commendation Medal.
       
       Further, the analyst noted that the government introduced into the discharge packet an offense of driving under the influence which occurred in 2005 during a prior period of honorable service.  The applicant had reenlisted on 8 February 2010.  Thus, he was separated for one offense of driving under the influenece that occurred during the period ounder review.
       
       Accordingly, the analyst recommends that the applicant’s characterization of service be upgraded to fully honorable.  However, the analyst determined the reason for discharge was fully supported by the record and therefore, remains both proper and equitable.
       
       Finally, the record does not support the issue that the applicant suffers from Post-Traumatic Stress Disorder and no evidence to support it has been submitted by the applicant to show that the discharge was the result of any medical condition.  The record shows that on 2 September 2010, the applicant underwent a mental evaluation which indicates he was mentally responsible, with thought content as clear, and was able to recognize right from wrong.  
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 6 April 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: Orders, ERB, audiogram, medical documents, applicant’s brother memorandum for record, and 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 notwithstanding the analyst's recommendation and rationale, the Board determined that the applicant's length and quality of his service to include his combat service were not significantly meritorious to overcome the seriousness of the misconduct and as a result the discharge was found to be proper and equitable.  The Board found that the general under honorable conditions characterization of service was appropriate for the offense committed by a non-commissioned officer of the US Army 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: NA
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 AR20110022130
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