Applicant Name:  ?????

Application Receipt Date: 2012/04/20	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "I used to be a great, outstanding, and disciplined [sic] Soldier.  I love my country and serving my country was the greatest thing I have ever done.  During a weekend I did a minor offence driving my car not in uniform, not during my work and for that reason I [sic] get a general discharge; I feel and I know this discharge was completely wrong and I respectfully ask this honorable board to take action on my favor."

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: 080211
Discharge Received: 			   Date: 080319   Chapter:  14, Sec II     AR: 635-200
Reason: Misconduct, (Civil conviction)	   RE:     SPD: JKB   Unit/Location: Forward Support Company, 4th Battalion, 101st Aviation Regiment, Fort Campbell, Kentucky  

Time Lost: None

Article 15s (Charges/Dates/Punishment): 071130, made and uttered to Wal-Mart Stores certain checks, in words and figures as follows, check number 1008 in the amount of $28.12; check number 1010 in the amount of $29.60; check number 1011 in the amount of $152.72;  (071016); made and uttered to Telesvcfee a certain check, in words and figures as follows, check number 1012 in the amount of $25.00 (071010) and did thereafter dishonorably fail to maintain sufficient funds in the USAA Federal Savings Bank for payment of such checks in full upon their presentment for payment; reduction to E-1; and 14 days extra duty; (CG).

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

Counseling Records Available: Yes    No  ?????

IV.  Soldier’s Overall Record
Age at current enlistment:  31
Current ENL Date: 050926    Current ENL Term: 4 Years  ?????
Current ENL Service: 	2  Yrs, 5 Mos, 24 Days ?????
Total Service:  		2  Yrs, 5 Mos, 24 Days ?????
Previous Discharges: 	None
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: 92F10 Petroleum Supply Specialist   GT: 101   EDU: HS Grad   Overseas: Korea   Combat: None
Decorations/Awards: NDSM, GWOTSM, KDSM, ASR, OSR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 11 February 2008, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, Section II, Paragraph 14-5a(1), AR 635-200, by reason of misconduct, conviction by civil court, for being convicted of Driving Under the Influence (DUI) by District Court (070927); and receiving a sentence of two years unsupervised probation; 30 days in jail, suspended on the condition that the applicant did not get another DUI or a driving on a suspended license offense during his probation; alcohol and other substance abuse treatment at the community counseling center; including fines, fees and costs totaling $697.00, with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 19 February 2008, 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 commander reviewed the proposed action and recommended approval of the separation with a general, under honorable conditions discharge.  
       
       On 10 March 2008, the separation authority waived further rehabilitative efforts 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 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 the applicant’s available military records, 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 his misconduct, the applicant diminished the quality of his service below that meriting an 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 he was incorrectly discharged for a civil offense that occurred while he was off duty and not in uniform.  Army Regulation 635-200, in pertinent part, stipulates that a Soldier may be separated when initially convicted by civil authorities, or when action is taken that is tantamount to a finding of guilty, if a punitive discharge authorized for the same or a closely related offense under the Manual for Courts Martial or the sentence by civil authorities includes confinement for 6 months or more, without regard to suspension or probation. 
       
       The analyst found no evidence of arbitrary or capricious actions by the command and was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  
       
        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: 21 September 2012         Location: Washington, D. C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: DD Form 293, ERB, orders 074-0604, orders 079-0613 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 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: 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 AR20120008327
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