Applicant Name:  ?????

Application Receipt Date: 2012/05/21	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "I have served my country well [sic] but [sic] due to events that happened I would like to change my status so that i my better myself as a civilian."

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: 120124
Discharge Received: 			   Date: 120214   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: 92d Military Police Company, 95th Military Police Battalion, United States Army Garrison-Baumholder, APO AE  

Time Lost: None

Article 15s (Charges/Dates/Punishment): 101124, violated a lawful general regulation by wrongfully failing to maintain a valid registration for his vehicle (101027); reduction to E-3, suspended, to be automatically remitted if not vacated (110523); forfeiture of $423, suspended, to be automatically remitted if not vacated (110523); extra duty for 14 days; (CG).

111121, derelict in the performance of his duties by willfully failing to adhere to the laws he was charged with enforcing by driving 80KM/H in a 30 KM/H zone while on duty as a military police officer (110915); violated a lawful general regulation by wrongfully operating his vehicle with a BAC of .0665 grams per milliliter of blood (111023); with intent to deceive, made a false official statement (110916); without authority, through neglect damaged by hitting a rock in a military police care, the amount of said damage being in the sum of $1000.00 (110915); reduction to E-1; forfeiture of $500 pay per month for 2 months; 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:  19
Current ENL Date: 080508    Current ENL Term: 5 Years  ?????
Current ENL Service: 	3  Yrs, 9  Mos, 7  Days ?????
Total Service:  		3  Yrs, 9  Mos, 7  Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 31B10 Military Police   GT: 86   EDU: HS Grad   Overseas: SWA   Combat: Afghanistan (090615 - 100615)
Decorations/Awards: NDSM, ACM w/2CS, GWOTSM, 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 24 January 2012, 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 for being counseled for reporting for work call while under the influence of alcohol (101005); being counseled for missing appointments at the Baumholder Dental Clinic (110915); being counseled for driving while under administrative orders revoking his driving privileges and for leaving the Bauntholder cantonment while under orders not to (120102); receiving a Company Grade Article 15 for failing to maintain a valid registration on his POV (101124); receiving a Field Grade Article 15 for speeding, driving while intoxicated, making a false official statement, and causing damage to military property (111121), with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 1 February 2012, 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 2 February 2012, 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 military police report 02937-2010-MPC167 and 02731-2010-MPC167.

       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, 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 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.  
       
       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: 12 October 2012         Location: Washington, D. C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: On-line Application 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 AR20120009684
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