Applicant Name:  

Application Receipt Date: 2012/01/30	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he is interested in furthering his education by using his GI Bill so that he may obtain better job opportunities, which he is unable to do with an under honorable conditions discharge.  He was discharged for misconduct for repeatedly reporting late for duty and showing up to work under the influence of alcohol.  He does not disagree with being separated, nor the actions against him.  However, he would like to be considered for “honorable” service due to his transformation since his discharge.  He acknowledges the truth of needing help and changes.  He has enclosed documents showing his enrollment in a VA outpatient rehabilitation center.  Since his discharge, he had the time to reassess his situation concerning his sobriety and maturity.  It took him to being at a very low place to admit and see that he was not living up to his potential as Soldier or an adult.  In September 2011, he went to a VA hospital where he was assessed as a substance abuser.  It has been over 90 days since he had any alcohol or any foreign substance to taint his clarity and perception.  He is on a road to recovery and ready to become reacclimated in society.  He is preparing to go to school in the Spring.  His family has become a source of strength and support during his transition.  He would greatly appreciate the Board’s consideration to change his discharge and assist him to succeed.

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: 110505
Discharge Received: 			   Date: 110520   Chapter: 14-12b    AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: A Company, 204th Brigade Support Battalion, 2nd Brigade Combat Team, Fort Carson, CO 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 110311, failed to go at prescribed time to appointed place of duty x 2 (101209) and (101213); dereliction of duty (101209), reduced to E-3; forfeiture of $455; 14-day extra duty and restriction, (CG)

110405, drunk on duty (110316), reduced to E-1; forfeiture of $733 x 2 months (1 month suspended); 45-day extra duty and restriction, (FG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  21
Current ENL Date: 071116    Current ENL Term: 6 Years  ?????
Current ENL Service: 	03 Yrs, 06 Mos, 05 Days ?????
Total Service:  		05 Yrs, 10 Mos, 21 Days ?????
Previous Discharges: 	RA (050630-071115) / HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 92A (Automated Logistical)   GT: 91   EDU: GED   Overseas: SWA   Combat: Iraq (070902-081027)
Decorations/Awards: AAM; AGCM; NDSM; ICM-CS; GWOTSM; ASR; OSR

V.  Post-Discharge Activity
City, State:  
Post Service Accomplishments: The applicant states, in effect, that he has sought help and is successfully being treated at a VA hospital.
VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 21 April 2011, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, by reason of pattern of misconduct—for failure to report for duty at prescribed time x 2; dereliction of duty; and drunk of duty, with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 3 May 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 5 May 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 issues 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.  
       
       Furthermore, the analyst noted that the applicant met entrance qualification standards to include age.  There is no evidence that the applicant was any less mature than other Soldiers of the same age who successfully completed military service.
       
       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.
       
       The analyst acknowledges the applicant's successful transition to civilian life and noted his accomplishments outlined with the application, and in the documents with the 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.  
       
       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: 29 June 2012         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, undated; DD Form 214 for current service under review; Certificate of Achievement, dated 8 December 2011; AAM Certificate, dated 14 December 2007; Certificate of Affiliation, Quartermaster Corps Regiment; VA Substance Abuse Work Track, dated 12 September 2011-6 December 2011. 

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

XI.  Certification Signature
Approval Authority:




ARCHIE L. DAVIS III
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 AR20120002316
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