Applicant Name:        

Application Receipt Date: 2012/07/17	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he requests an upgrade to his discharge.  His discharge was unjust because he did not receive a rehabilitative transfer.

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: 110610
Discharge Received: 			   Date: 110727   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: HHC, 21st Theater Sustainment Command, 7th Civil Support Command, Kaiserslautern, Germany 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 110517, for failure to go at the time prescribed to his appointed place of duty (110224 and 110331), reduction to E-1, forfeiture of $200 x 6 months (suspended), extra duty and restriction for 14 days (CG).

101214, for failure to go at the time prescribed to his appointed place of duty x 8 (100402 x 2, 110707, 100506, 100308, 100206, 100208 and 100122), disobeying a lawful order (100506 and 100330), incapacitated for the proper performance of his duties by overindulgence in intoxicating liquor or drugs (100320), reduction to E-2 (suspended), forfeiture of $398 pay (suspended), oral reprimand, extra duty and restriction for 14 days (CG).

The suspension of the punishment of reduction to E-2 and forfeiture of $398 imposed on 101214,was vacated, effective 110415 based on the applicant offense of failure to go at the time prescribed to his appointed place of duty (110224), disobeying a lawful general regulation (110331) and submitting a false official statement with the intent to deceive (110329). 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  22
Current ENL Date: 090407    Current ENL Term: 4 Years  ?????
Current ENL Service: 	02 Yrs, 03 Mos, 21 Days ?????
Total Service:  		02 Yrs, 03 Mos, 21 Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 42A10/Human Resources Spec   GT: 97   EDU: HS Grad   Overseas: Germany   Combat: None
Decorations/Awards: NDSM, 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 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 numerous acts of misconduct, which consisted of failing to report to his appointed place of duty, disobeying a noncommissioned officer, incapacitation of duty due to previous overindulgence of alcohol and making a false official statement between (100122-110331), with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 7 June 2011, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and indicated he would a 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.  
       
       The evidence shows that the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.
       
       The records contain a General Officer Memorandum of Reprimand (GOMOR), dated 5 January 2011 for driving under the influence of alcohol.

       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 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 his 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.  
       
       Further, the applicant contends that he was not afforded the opportunity for a rehabilitation transfer.  However, AR 635-200, paragraph 1-16d(2), entitled counseling and rehabilitative requirements states, that the rehabilitative requirements may be waived by the separation authority in circumstances where common sense and sound judgment indicate that such transfer will serve no useful purpose or produce a quality Soldier.  Additionally, the evidence of record shows that the command attempted to assist the applicant in performing and conducting himself to Army standards by providing counseling and by the imposition of non-judicial punishment.  The applicant failed to respond appropriately to these efforts.
       
       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: 6 May 2013         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, dated 25 June 2012, DD Form 214 and a copy of his discharge packet and various Army Military Human Resource Record (AMHRR) documents.

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 Discussion and Recommendation which follows, the Board determined the discharge to be 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: N/A
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




JOSEPH M. BYERS
Lieutenant Colonel, U. S. Army
Secretary Recorder














Legend:
AMHRR - Army Military Human Resource Record	FG - Field Grade	IADT – Initial Active Duty Training	RE - Reentry
AWOL - Absent Without Leave	GD - General Discharge	NA - Not applicable	SCM- Summary Court Martial
BCD - Bad Conduct Discharge	HS - High School	NIF - Not in File	SPCM - Special Court Martial
CG - Company Grade Article 15	HD - Honorable Discharge	OAD - Ordered to Active Duty	UNC - Uncharacterized Discharge  
CID - Criminal investigation Department	MP – Military Police	OMPF - Official Military Personnel File	UOTH - Under Other Than Honorable 
												Conditions 

ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20120013357
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