IN THE CASE OF:  	Mr.

      BOARD DATE:  	12 June 2013

      CASE NUMBER:  	AR20130002059
___________________________________________________________________________

Board Determination and Directed Action

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 was both proper and equitable and voted to deny relief.




      
      
      Presiding Officer
      
I certify that herein is recorded the true and complete record of the proceedings of the Department of the Army Discharge Review Board in this case.

THE APPLICANT’S REQUEST AND STATEMENT:

1.  The applicant requests an upgrade of his general, under honorable conditions discharge to honorable. 

2.  The applicant states, in effect, he began drinking too much after he returned from Afghanistan.  He could not sleep and was having nightmares.  He would wake up with night sweats, he could not go back to sleep so he would have a drink.  One morning he received a DUI from the local law enforcement.  When his unit found out, he was reduced in rank.  If he had not gone to Afghanistan, he would never have started drinking so much.  He is currently in a program to help him stop drinking. 
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		25 January 2013		
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			10 November 2011	
d. Reason/Authority/SPD/RE Code:	Misconduct, Serious Offense, AR 635-200      								Chapter 14-12c, JKQ, RE-3	
e. Unit of assignment:			A Battery, 2d Battalion, 17th Field Artillery Regiment 						Joint Base Lewis-McChord, Washington			
f. Current Enlistment Date/Term:	14 October 2010, current contract is NIF
g. Current Enlistment Service:	1 year, 0 months, 26 days
h. Total Service:			3 years, 7 months, 1 day
i. Time Lost:				None
j. Previous Discharges:		RA 080410-101013, HD
k. Highest Grade Achieved:		E-4
l. Military Occupational Specialty:	13B10, Cannon Crewmember
m. GT Score:				96
n. Education:				HS Graduate
o. Overseas Service:			SWA
p. Combat Service:			Afghanistan (090715-100710)
q. Decorations/Awards:		AAM, AGCM, NDSM, ACM-CS2, GWOTSM, ASR 							OSR, NATO MDL, CAB
r. Administrative Separation Board: 	No
s. Performance Ratings:		None
t. Counseling Statements:		Yes
u. Prior Board Review:			No
SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 10 April 2008 for a period of 3 years and          17 weeks.  His record indicates he reenlisted on 14 October 2010 and had an ETS of            13 October 2013.  He was 21 years old at the time of reenlistment and a high school graduate.  He served in Afghanistan.  He earned an AAM and an AGCM and completed 3 years, 7 months, and 1 day of active duty service.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  On 19 October 2011, the unit commander notified the applicant of initiation of separation action under Army Regulation 635-200, Chapter 14-12c, Commission of a Serious Offense. Specifically for:

	a.  DUI (110119)
	b.  DUI (110828)

2.  Based on the above misconduct, the commander recommended a general, under honorable conditions discharge.

3.  On 19 October 2011, 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 with a general, under honorable conditions discharge.  

4.  On 21 October 2011, the separation authority approved and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.  

5.  The applicant was separated on 10 November 2011, under Army Regulation 635-200, Chapter 14-12c, with a general, under honorable conditions discharge, an SPD code of JKQ, and an RE code of 3.               

6.  The applicant’s record does not contain any evidence of unauthorized absences or time lost.  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Two Pretrial Court Appointment Notices, dated 19 January 2011 and 15 March 2011.

2.  A Warrant that shows the charge of DUI dated, 26 July 2011. 

3.  Four negative counseling statements dated between 16 March 2009 and 6 September 2011, for failing to shave properly, failed APFT (multiple), and DUI.  The 16 March 2009 counseling statement is from a prior period of enlistment.  
      
4.  A General Officer Memorandum of Reprimand dated 27 September 2011, for driving under the influence of alcohol.

5.  An MP Report dated 8 September 2011, that indicates the applicant was the subject of an investigation for driving under the influence of alcohol. 

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293, and a DD Form 214.

POST-SERVICE ACTIVITY: 

The applicant states he is currently in a program to help him stop drinking. 

REGULATORY AUTHORITY:

1. 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.   

2.  Army Regulation 635-200, paragraph 3-7a, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.  The honorable characterization is appropriate when the quality of the member’s service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate.  Whenever there is doubt, it is to be resolved in favor of the individual.

3.  Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions.  When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.  A characterization of under honorable conditions may be issued only when the reason for the Soldier’s separation specifically allows such characterization.

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for an upgrade of the characterization of his discharge was carefully considered.  However, after examining the applicant’s record of service, his military records, the documents and the issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge.  

2.  The record confirms 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.  It brought discredit on the Army, and was prejudicial to good order and discipline.  By the misconduct, the applicant diminished the quality his service below that meriting a general or a fully honorable discharge.  The applicant’s record of service was marred by receiving a General Officer Memorandum of Reprimand for DUI and multiple negative counseling statements for violating the Uniform Code of Military Justice.

3.  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.  

4.  The applicant contends he would not have started drinking so much if he had never served in Afghanistan.  However, the record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.   The character of the applicant’s discharge is commensurate with his overall service record.  Additionally, the service record contains no evidence of Post-Traumatic Stress Disorder diagnosis and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition.  

5.  The applicant contends that he is currently going to a program to help him stop drinking.  The applicant’s post-service accomplishments have been noted as outlined on the application.  However, in review of the applicant’s entire service record and the reasons for the discharge, it appears that these accomplishments did not overcome the reason for discharge and characterization of service granted.  

6.  The records show the proper discharge and separation authority procedures were followed in this case.  

7.  Therefore, the reason for discharge and the characterization of service being both proper and equitable, recommend the Board deny relief.  
















SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Records Review	Date:  12 June 2013       Location: Washington, DC

Did the Applicant Testify?  No 

Counsel: 	None

Witnesses/Observers: NA 

Board Vote:
Character Change:  0	No Change:  5
Reason Change:	0	No Change:  5
(Board member names available upon request)

Board Action Directed:
Issue a new DD Form 214:		No
Change Characterization to:	No Change
Change Reason to:			No Change
Change Authority for Separation:	NA
Change RE Code to:		NA
Grade Restoration to:		NA
Other:					NA



















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	UOTHC - Under Other Than                           			               Honorable Conditions
ADRB Case Report and Directive (cont)		AR20130002059

Page 6 of 6 pages


ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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