Applicant Name:  ?????

Application Receipt Date: 2012/03/16	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he was sent back from Iraq for reasons of a seizure disorder after 13 months and he was getting a medical board.  He didn't have a platoon or a job.  The medical board was projected 2 + 1.5 years for some reason and he asked the CPT to discharge him so he could get on with his life.  He did not realize that the general discharge would affect his GI Bill.  

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: 080124
Discharge Received: 			   Date: 080506   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: HHC, 2nd Brigade Special Troops Battalion, 2nd Brigade Combat Team, 10th Mountain Division (Light Infantry), Fort Drum, NY 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 070730, failed to go to his appointed place of duty (070714), dereliction of duty; in that he failed to maintain positive control of his assigned weapon, as it was his duty to do (070714), forfeiture of $700.00 pay per month for one month, extra duty and restriction for 45 days (FG)

070614, attempted to wrongfully use Dianabol and Deca-Durabolin on divers occasions between (070215) and (070604), violated a lawful general regulation by wrongfully possessing and consuming an alcoholic beverage (070603), larceny of government property of a value of $14.30, between (070201) and (070604), as a result of wrongful previous overindulgence in intoxicating liquor, incapacitated for the proper performance of his duties (070604), reduction to the grade of (E-1), forfeiture of $700.00 pay per month for two months, extra duty and restriction for 45 days (FG)

060301, disrespectful toward CPT, a commissioned officer x 2, (060112), (060112), disrespectful in deportment toward SSG, a noncommissioned officer (060117), disrespectful in language toward SSG, a noncommissioned officer (060117), disobeyed a lawful order from SGT, a noncommissioned officer x 4, (060110), (060111), (060112), (060117), drunk on duty (060112), reduction to Private (E-1), forfeiture of $636.00 pay, extra duty and restriction for 45 days (FG)

Courts-Martial (Charges/Dates/Punishment): 071213, Summary Court-Martial for failing to go to his appointed place of duty x 2, (070829), (071027), confinement for 30 days.

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  24
Current ENL Date: Reenl/070208    Current ENL Term: 6 Years  ?????
Current ENL Service: 	1 Yrs, 2  Mos, 29  Days ?????
Total Service:  		2 Yrs, 10  Mos, 28  Days ?????
Previous Discharges: 	USAR 050526-050608/NA
                                       RA      050609-070207/HD
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 63B10 Wheeled Vehicle Mech   GT: 127   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (060813-070824)
Decorations/Awards: AAM, NDSM, ICMw/1BSS, GWOTSM, ASR

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

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 24 January 2008, 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 a pattern of misconduct; in that he failed to go at the time prescribed to his appointed place of duty x 4, (071030), (071027), (070829), (070910), on divers occasions he attempted to use Dianabol and Deca-Durabolin, schedule III controlled substances x 2, between (070215), (070604).
       
       Violated MND-C General Order #1, by wrongfully possessing and consuming an alcoholic beverage (070603), stole 11, 18 guage needles and 11, 10cc syringes, the property of the US Military. Incapacitated for the performance of his duties as a result of overindulgence in intoxicating liquor. (070604), disrespectful to CPT, a superior commissioned officer (060612), disrespectful to SSG (060110), (060117), on divers occasions disobeyed lawful orders from SGT, a noncommissioned officer; and was found drunk on duty (060112).  The unit commander recommended separation with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 12 February 2008, the applicant consulted with legal counsel, was advised of the impact of the discharge action submitted 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 April 2008, 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 Military Police Report in reference to the applicant's offense of failing to pay his just debts dated 21 August 2007.

       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 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 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 noted the applicant's issue that he was sent back from Iraq for reasons of a seizure disorder after 13 months and he was getting a medical board.  The evidence of record shows that on 24 April 2008, the Medical Board Physician/Medical Director WTU; after thoroughly reviewing the applicant's medical documents and in discussion with the USA MEDDAC, Fort Drum, Deputy Commander for Clinical Services, determined that the applicant did not meet the medical criteria for a Medical Evaluation Board and the medical board proceedings were stopped. 
       
       Furthermore, there was a full consideration of all faithful and honorable service as well as the infractions of discipline, the extent thereof, and the seriousness of the offenses.  The analyst concluded that the discrediting entries in the applicant's record were not outweighed by prior or subsequent service of sufficient merit to warrant an upgrade of the discharge being reviewed.  
       
       The applicant further contends that he did not realize that the general discharge would affect his GI Bill.  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.  
       
       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: 5 September 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 149 dated 14 March 2012 in lieu of a DD Form 293.













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: No Change
RE Code: 
Grade Restoration:   No   Yes   Grade: No Change

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 AR20120005646
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