Applicant Name:  ?????

Application Receipt Date: 2012/03/29	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "Hi my name is MC and I am 26 years old. I was discharged for patterns of misconduct.  I was a great soldier.  I got kicked out for making a mistake not a series of them.  I Got (sic) arrested for a driving while ability impaired. I lost my license and had to pay thousands of dollars in fines. I was restricted to post and lost all of my liberties for 6 months I had to sigh (sic) in every 4 hours. The company I was in tried to give me a company grade article 15 for being drunk on duty the morning after i (sic) got arrested.  I was found innocent.  After this happened I was going to be deployed to Iraq.  I could not go because of medical issues and the next week they started chapter paperwork.  They used a company grade article (sic) 15 that i (sic) had got 1 year prior and the DWAI to put me out.  I was going to be medically discharged.  I made a mistake, but i (sic) risked my life for this country and am permanently disabled because of my service to this country I need this changed so that i (sic) can get my education benefits as well as my medical benefits so i (sic) can take care of my family."

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: 070523
Discharge Received: 			   Date: 070628   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: 2nd Bde Cbt Team (Rear) (Provisional), Fort Drum, NY 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 060620, willfully disobeyed a lawful order from a noncommissioned officer (1SG) (060523); being disrespectful in language and deportment toward a noncommissioned officer (1SG) (060523); and disrespectful in language toward a noncommissioned officer (1SG) (060523); reduction to E-3, forfeiture of $372 pay (suspended), extra duty for 14 days, restriction for 14 days and an oral reprimand, (CG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 050715    Current ENL Term: 04 Years  ?????
Current ENL Service: 	01  Yrs, 11  Mos, 14 Days ?????
Total Service:  		04  Yrs, 00  Mos, 10  Days ?????
Previous Discharges: 	RA-030619-050714/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 92G10 Food Service Operations   GT: 109   EDU: HS Grad   Overseas: Germany/Southwest Asia   Combat: Iraq (031218-040725)
Decorations/Awards: NDSM GWOTEM, GWOTSM, ASR

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 23 May 2007, 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  being arrested by the Watertown, New York police for driving while intoxicated, obstructing governmental administration and failing to keep right (071207); pleading guilty to operating a motor vehicle while impaired by alcohol, disorderly conduct and failing to keep right 070112); and being disrespectful to and disobeying a lawful order from a noncommissioned officer (060523), with a general, under honorable conditions discharge.  He was advised of his rights.
       
       On 24 May 2007, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement in his own behalf.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  The intermediate and senior intermediate commanders reviewed the proposed action and recommended approval of the separation with a general, under honorable conditions discharge.  
       
       On 14 June 2007, 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 Military Police Report, dated 7 December 2006, with additional offenses, and persons related to the report. 

       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 during the period of enlistment under review, the issues and document submitted with the application, the analyst determined that the discharge is improper.
       
       The analyst noted that the applicant was separated under the provisions of Chapter 14, paragraph 14-12b,   AR 635-200, by reason of pattern of misconduct, with a general, under honorable conditions discharge.  However, Army Regulation 635-200, paragraph 1-19c, stipulates that commanders who are special court-martial convening authorities are authorized to approve or disapprove separation on chapters 5, 6, 7, 8, 9, 11, 13, 16, and 18 when the issuance of a characterization of service under other than honorable conditions is not warranted. 
       
       Also Chapter 14, when discharge under other than honorable conditions is not warranted under paragraph 3-7c and the notification procedure is used.  This authority does not include officers in the grade of MAJ (O-4) or below, who are acting commanders.  The record indicates that on 14 June 2007, the separation authority in the grade of MAJ acting on assumption of command orders approved the separation action and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.
       
       In view of the foregoing, the analyst recommends that relief be granted in the form of an upgrade of the characterization of service to fully honorable and a change to the narrative reason for separation to Secretarial Authority under provision of Chapter 5, AR 635-200, with a corresponding SPD Code of "JFF" (Involuntary Discharge).  This action does not entail a change to the reentry eligibility (RE) code; however, the Board can consider it.
       
       
       
       
       
VII.  Summary of Army Discharge Review Board Hearing

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

Did the Applicant Testify?  Yes     No  

Counsel: No

Witnesses/Observers: No 

Exhibits Submitted: Online application, dated (120326); and a DD Form 214, dated (070628).

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 is improper.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable and a change to the narrative reason for separation to Secretarial Authority with a corresponding SPD Code of “JFF” (Involuntary Discharge).  This action does not entail a change to the reentry eligibility (RE) code. 
        
IX.  Board Decision						
Board Vote:
Character - Change 5    No change 0
Reason -     Change 5    No change 0
(Board member names available upon request)

X.  Board Action Directed
Issue a new DD Form 214  
Change Characterization to: 
Change Reason to: Secretarial Authority under Provision of Chapter 5, AR 635-200, with a corresponding separation (SPD) code of “JFF” (Involuntary Discharge).
Other: Change the separation authority to "AR 635-200, paragraph 5-3."
RE Code: 
Grade Restoration:   No   Yes   Grade: None

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 AR20120006636
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