Applicant Name:  ?????

Application Receipt Date: 2011/11/21	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant, states in effect, that he is requesting an upgrade of his discharge to go to college.   He was having emotional issues at the time which included a divorce that sent him on a downward spiral.  He had a good career for six and a half years which included two deployments and only had one bad incident.  

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: 110510
Discharge Received: 			   Date: 110610   Chapter: 14-12c    AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: C Co, 2d Sqdn, 8th Cavalry Rgt, Fort Hood, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 101119, disobeyed a lawful order from a commissioned officer (101002), reduction to E-3, 14 days of extra duty and restriction, the entire sentence was suspended (CG)

100127, the sentence imposed on 19 November 2010, was vacated for an offense of disobeying a lawful order from an NCO (101119)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  22
Current ENL Date: 061215    Current ENL Term: 6 Years  As described in ERB
Current ENL Service: 	04 Yrs, 06 Mos, 05 Days ?????
Total Service:  		06 Yrs, 07 Mos, 01 Days ?????
Previous Discharges: 	RA 041110-061214/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 19K10/Armor Crewman   GT: 106   EDU: GED   Overseas: SWA, Germany   Combat: Iraq x 2 (061031-080114, 090205-100118)
Decorations/Awards: AAM-3, NDSM, ICM-3, GWOTSM, ASR, OSR-2, CAB

V.  Post-Discharge Activity
City, State:  Watkins Glen, NY
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that 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 while intoxicated and speeding (100922), with a general, under honorable conditions discharge.  He was advised of his rights.  
       On 14 May 2011, the applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an Administrative Separation Board contingent upon him receiving a characterization of service no less favorable than general, under honorable conditions 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 18 May 2011, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.
       
       The record contains a General Officer Memorandum of Reprimand dated 5 November 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 available military records, and the issue 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.  
       
       The analyst does not condone the applicant’s misconduct; however, the evidence in this case supports a conclusion that the characterization of service is now too harsh and as a result it is inequitable.  The analyst found the length and quality of the applicant's service to include his two tours in combat mitigated the discrediting entries in his service record.  The applicant completed four and half years of a 6-year enlistment, achieved the rank of SPC/E-4, and earned three Army Achievement Medals and a Combat Action Badge.  
       
       Accordingly, the analyst recommends that the applicant’s characterization of service be upgraded to general, under honorable conditions.  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: 26 March 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: Applicant's mother and brother. 

Exhibits Submitted: Verification of military experience and training 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, hearing his testimony and notwithstanding the analyst's recommendation and rationale, the Board determined that the applicant’s length and quality of his 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 and the Board voted to deny relief.  Moreover, the Board found that the nature of the applicant’s misconduct does not warrant the award of an honorable characterization of service.  
        
IX.  Board Decision						
Board Vote:
Character - Change 2    No change 3
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 AR20110022936
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