Applicant Name:  ?????

Application Receipt Date: 2011/11/14	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, he is a requesting an upgrade of his General, Under Honorable Conditions Discharge to an Honorable Discharge.  The reason for the request is because he would like to start his life over in the career aspect.  He had served proudly to include overseas.  He had some minor Infractions which did not hinder his abilities to perform as a Soldier.  He received many awards and letters of recommendations that can attest to that.  Changing his discharge would also help him and his family receive better opportunities along with job opportunities. 

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: 110923
Discharge Received: 			   Date: 111011   Chapter: 14-12c       AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: C Company, 2-3 Brigade Special Troops Battalion, Fort Stewart, GA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 100606, DUI (110311); drunk and disorderly (110311); and possessed a .45 caliber firearm, reduction to E-1, forfeiture of $733.00 x 2, extra duty and restriction for 45 days. (FG)

110907, wrongfully carried a concealed weapon, wrongfully carried a loaded weapon, and physically controlled a motorcycle in a reckless manner by improper lane passing and following too close (110827), forfeiture of $675.00 x 2, extra duty and restriction for 45 days. (FG) 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: 100310    Current ENL Term: 03 Years  17 weeks
Current ENL Service: 	01 Yrs, 07 Mos, 01 Days ?????
Total Service:  		03 Yrs, 03 Mos, 25 Days ?????
Previous Discharges: 	RA-080617-100309/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 12B10 Combat Engineer   GT: 90   EDU: HS Grad   Overseas: SWA   Combat: Iraq (091101-101101)
Decorations/Awards: ARCOM, NDSM, ICM-w/CS, GWOTSM, ASR, OSR, CAB, MUC 

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None listed by the applicant





VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 21 September 2011, 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 commission of a serious offense for receiving an Article 15 (110606) for a DUI, drunk and disorderly, and possessing a .45 caliber firearm (110311).  Additionally, for receiving an Article 15 (110907) for wrongfully carrying a concealed weapon, wrongfully carrying a loaded weapon, and physically controlling a motorcycle in a reckless manner by improper lane passing and following too closely (110827), with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 21 September 2011, 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 28 September 2011, the separation authority waived further rehabilitation and directed the applicant’s discharge 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 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 the former Soldier’s 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 applicant contends he would like to start his life over in the career aspect.  Changing his discharge would also help him and his family receive better opportunities along with job opportunities.  The analyst noted the applicant's issues about his desire to have better job opportunities and the benefits of the GI Bill.  However, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  Additionally, 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.
       
             Furthermore, the applicant contends he had served proudly to include overseas.  He received many awards and letters of recommendation that can attest to that.  The analyst acknowledges the applicant’s in-service accomplishments and considered the quality of his service during the initial portion of the enlistment under review.  However, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge as shown by the repeated incidents of misconduct or by the multiple negative counseling statements, and the documented actions under Article 15 of the Uniformed Code of Military Justice.

             Further, the analyst noted the applicant's issue that the offenses were minor and isolated which did not hinder his abilities to perform as a Soldier.  However, the analyst concluded that the applicant committed many discrediting offenses, which constituted a departure from the standards of conduct expected of Soldiers in the Army.  Having examined all the circumstances, the analyst determined that the applicant’s numerous incidents of misconduct did indeed adversely affect the quality of service, brought discredit on the Army, and was prejudicial to good order and discipline.  These incidents of misconduct clearly diminished the quality of the applicant’s service below that meriting a fully honorable discharge.
       
       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: 4 May 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: An online application, dated 6 November 2011; a DD Form 214; a self-authored statement; four character reference letters; three Combative Course Certificates (Level 1, 2, and Trainer Course); orders for the Meritorious Unit Commendation, dated 22 December 2010; orders for the Combat Action Badge, dated 27 January 2010; three copies of Certificate of Achievements; a copy of an article, and a copy of a Certificate of Appreciation.

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 AR20110022515
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