Applicant Name:  ?????

Application Receipt Date: 2012/05/02	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, he has taken 100% responsibility for his actions and misconduct that resulted in his separation from the United States Army.  He has asked himself where he went wrong and strongly believes that his alcohol abuse started after he returned from Iraq in 2007.  It turned into an obsessive way for him to cope with the loss of his friends and destroyed his life and career; and tore apart his family.  He was in denial and consequently very resistant to receiving any type of help from anyone.  He had no choice other than to do what the Army directed him to do and attend ASAP.  He then realized he needed a more intensive program and agreed to enter a two month outpatient program and shortly following that he admitted himself into a 28 day inpatient program.  The two programs were the turning point of his alcoholism and a new beginning to his life.  He has attended AA meetings, completed community service hours and felt the need to give back to the Army and helped a group of Soldiers in a Dental unit train up for their APFT which resulted in passing scores.  He is currently enrolled in school with [redacted] University, pursuing his Bachelor’s Degree in Psychology, with an emphasis in Adult Dependency and Substance Abuse.  His goal is to dedicate the rest of his life to helping young adults overcome what he was able to overcome and show them that it is never too late.  He believes that he is ready to continue with his life, his family and a promising career.  He has taken a devastating and crippling event in his life and turned it into something positive.  If it had not been for those mistakes he does not think that he would have learned to appreciate the real important things in life and not to take what you have for granted.  He was given a lot of different options as to where he would complete his community hours.  He decided to complete a little over 250 hours in a homeless shelter in order to give back to those who really need it.  He was given the opportunity to cut hair every morning for anyone who needed a hair cut in the community.  Doing this humbled him and opened his eyes to how close he was to being in their position.

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: 101019
Discharge Received: 			   Date: 101203   Chapter: 14-12b     AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: 512th Quartermaster Company, 260th Quartermaster Battalion, 3rd Sustainment Brigade, Hunter Army Airfield, Georgia  

Time Lost: None

Article 15s (Charges/Dates/Punishment): 100826, without authority, failed to go at the time prescribed, to his appointed place of duty (100628) and (100629); found drunk on duty (100629); reduction to the grade of E-4; forfeiture of $1146 pay per month for two months, suspended, to be automatically remitted if not vacated (110221); extra duty for 45 days; (FG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: 061026    Current ENL Term: 8 Years  ?????
Current ENL Service: 	4  Yrs, 1 Mos, 8   Days ?????
Total Service:  		8  Yrs, 0 Mos, 11 Days ?????
Previous Discharges: 	USAR 021122 - 040528/HD
                                        RA     040529 - 061025/HD 
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 92W10 Water Treatment Specialist   GT: 111   EDU: HS Grad   Overseas: SWA    Combat: Iraq (060830 - 070809)
Decorations/Awards: ARCOM, AAMx4, AGCM, NDSM, ICM w/CS, GWOTSM, NPDRx2, ASR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: Currently enrolled in school, pursuing his Bachelor’s Degree in Psychology, with an emphasis in Adult Dependency and Substance Abuse.  

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 19 October 2010, 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 involved in more than two alcohol related incidents in one year; being arrested and charged with driving under the influence on (090606) and (100327); failing to report for accountability formation (100628); and being found drunk while on duty and leaving his appointed place of duty (100629), with a general, under honorable conditions discharge.  He was advised of his rights.
         
       On 19 October 2010, the applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an Administrative Separation Board contingent upon him receiving a characterization of service no less favorable than general, under honorable conditions 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 23 November 2010, the separation authority approved the conditional waiver request, waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.
       
       The record contains two general officer memoranda of reprimand dated, 7 April 2010 and 15 July 2010.

       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 is currently pursuing a Bachelor’s Degree, previously assisted young Soldiers in passing their APFT and has completed over 250 hours of community service.  
       
       The Army Discharge Review Board is authorized to consider post-service factors in the recharacterization of a discharge.  However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service.  Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review, is considered during Board proceedings.  The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member’s overall character.
       
       The analyst acknowledges the applicant's successful transition to civilian life and noted his accomplishments outlined with his application and in the documents with his 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.  Further, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  
       
       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: 3 October 20112         Location: Washington, D. C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: DD Form 293, Unofficial University Evaluation, DUI Alcohol or Drug Use Risk Reduction Certificate of Completion, Mothers Against Drunk Driving MADD Victim Impact Panel Receipt, Community Servic Record, Letter of Support, Certificate of Completion for an Intensive Outpatient Program 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 AR20120008913
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