Applicant Name:  

Application Receipt Date: 2012/04/12	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he received injustice treatment from his first line supervisor.  He served in Iraq with honor and received an award.  He was never positively recognized for duty and service, but only negative actions were brought to the attention of the first sergeant and company commander.  He adds that he served his country with honor and pride throughout his service.  He knows he never had any problems with any NCOs appointed over him until he was placed under the leadership of SSG P, after attempting to relocate several times from his original place of duty or other positions within his MOS.  No actions were taken and it caused more tension within the work environment.  The constant avoided attempts led to alcoholism and later his separation from the U.S. Army.  He requests for an upgrade to continue his service in the U.S. Army Reserve.  He reiterates that his first line supervisor never motivated Soldiers positively, only negatively in Soldiers.  From his enlistment on 1 November 2006 until his departure, he was a self-highly-motivated Soldier.  He served proudly in Iraq with honor, as well as, outstanding APFTs and marksmanship.  Upon his arrival at Fort Benning, he was a supply clerk under the leadership of SSG C, and the mission and tasks were being completed and held to standard.  Then with the transfer of his duties to the Arms Room under SSG P, his services were in a negative sense.  Other NCOs brought them to the attention of the 1SG, but he was never rehabilitatively transferred to another unit, and to a sense, he was depressed and he neglected his enlistment.  (Note that he has attached a separate self-authored statement.)

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: 091215
Discharge Received: 			   Date: 100107   Chapter: 14-12c    AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: B Co, 1st Battalion, 11th Infantry Regiment, 199th Infantry Brigade, Fort Benning, GA  

Time Lost: None

Article 15s (Charges/Dates/Punishment): 091120, violated a general regulation, by wrongfully transporting a loaded concealed weapon in his POV (091017); physically controlled a passenger car while drunk (091017), reduced to E-1, forfeiture of $450 x 2 months; 45-day extra duty and restriction; oral reprimand, (FG)

091012, vacation of suspended punishment, reduction to E-3 and forfeiture of $432 imposed (090715), disrespectful in deportment towards SFC S (090918), (CG)

090710, failed to go to appointed place of duty at the prescribed time x 2 (090506), (090406); dereliction of duty (090219), reduced to E-3 (suspended); forfeiture of $432 (suspended); 14-day extra duty and restriction, (CG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  21
Current ENL Date: 080422    Current ENL Term: 05 Years  ?????
Current ENL Service: 	01 Yrs, 08 Mos, 16 Days ?????
Total Service:  		03 Yrs, 02 Mos, 06 Days ?????
Previous Discharges: 	RA (061102-080421) / HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 92Y (Unit Supply Spec)   GT: 89   EDU: HS Grad   Overseas: SWA   Combat: Iraq (070716-080123)
Decorations/Awards: ARCOM; NDSM; ICM-CS; 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 15 December 2009, 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—for being charged with driving while intoxicated and carrying a concealed loaded weapon (091017), with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 15 December 2009, 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 21 December 2009, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.
       
       There is an MP Blotter and an incident report on file, dated 17 October 2009. 

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 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 being absent 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 that his discharge was unjust because his first line supervisor did not treat him fairly.  However, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption.  The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support his issue.  There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he was unjustly discriminated.   In fact, the applicant’s three Articles 15 and numerous negative counseling statements justify a pattern of misconduct.  The applicant’s statements alone do not overcome the government’s presumption of regularity and he has not provided any documentation or further evidence in support of his request for an upgrade of his discharge.   
       
       The analyst also 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.
       
       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: 14 September 2012         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, dated 10 January 2012 with self-authored statement; DD Form 149, dated 10 January 2012; DD Form 214 for service under current review.

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 AR20120007609
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