IN THE CASE OF:  	Mr. 

      BOARD DATE:  	12 August 2013

      CASE NUMBER:  	AR20130002876
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicant’s record of service during the period of enlistment under review, hearing his testimony and notwithstanding the Discussion and Recommendation which follows, the Board determined the characterization of service was too harsh based on the overall length and quality of the applicant's service, to include his combat service, and as a result it is inequitable.  Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to honorable.  The Board determined the reason for discharge was both proper and equitable and voted not to change it.  



      
      
      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 discharge from general, under honorable conditions to honorable.

2.  The applicant states, in effect, he is a highly-trained Afghanistan combat veteran.  He served with honor.  He joined the Army right after high school and wanted to be a career Soldier.  He got a DUI while serving in Alaska when he blew a .089.  He was discharged prior to going to court.  Another Soldier in his platoon received a DUI and was allowed to stay in.  Currently, he is unable to get any benefits from the VA.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		8 February 2013
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			24 August 2011
d. Reason/Authority/SPD/RE:		Misconduct, AR 635-200, 14-12c, JKQ, RE-3        
e. Unit of assignment:			A Company, 1st Battalion, 501st Infantry (Airborne), 						Joint Base Elmendorf-Richardson, Alaska
f. Enlistment Date/Term:		27 September 2007, 4 years, 21 weeks
g. Current Enlistment Service:	3 years, 10 months, 28 days
h. Total Service:			3 years, 10 months, 28 days
i. Time Lost:				None
j. Previous Discharges:		None 
k. Highest Grade Achieved:		E-4
l. Military Occupational Specialty:	11B1P, Infantryman
m. GT Score:				102
n. Education:				HS Graduate
o. Overseas Service:			Alaska, SWA
p. Combat Service:			Afghanistan (090307 - 100308)
q. Decorations/Awards:		ARCOM, AGCM, NDSM, ACM w/2CS, GWOTSM, 						NPDR, ASR, OSR-2, NATO MDL, CIB
r. Administrative Separation Board: 	No
s. Performance Ratings:		None
t. Counseling Statements:		Yes	
u. Prior Board Review:			Yes, 15 August 2012, Record Review, denied

SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 27 September 2007, for a period 4 years and 
21 weeks.  He was 18 years old at the time and was a high school graduate.  When his discharge proceedings were initiated he was serving at Joint Base Elmendorf-Richardson, Alaska.  The record shows he was awarded an ARCOM, AGCM, and a CIB.   



SEPARATION FACTS AND CIRCUMSTANCES

1.  The record shows that on 31 May 2011, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, for driving under the influence of alcohol.  Based on the misconduct the unit commander recommended a general, under honorable conditions discharge and advised the applicant of his rights.  

2.  On 27 June 2011, the applicant consulted with legal counsel, was advised of the impact of the discharge action and submitted a statement on 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.  

3.  On 20 July 2011, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.

4.  The applicant was discharged on 24 August 2011, for misconduct, under the provisions of Chapter 14-12c, with an SPD code of JKQ and an RE code of 3.

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

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD

1.  Alaska Police Report and support documents for driving under the influence of alcohol dated 23 April 2011. 

2.  One negative counseling dated 26 April 2011, for being apprehended for driving under the influence of alcohol. 

EVIDENCE SUBMITTED BY THE APPLICANT 

DD Form 293; DD Form 214; a self-authored-statement; Department Veterans Affairs documents; and a letter of support.

POST-SERVICE ACTIVITY: 

The applicant states he would like to continue college.

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 service record, 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 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.  The applicant, by violating the Army's policy not to drink and drive while under the influence of alcohol, compromised the trust and confidence placed in a Soldier.  The applicant, as a Soldier, had the duty to support and abide by the Army's policies.  The applicant knowingly risked a military career and diminished the quality of his service below that meriting an honorable discharge.  The applicant’s record of service was marred by him driving under the influence of alcohol.

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 that an upgrade of his discharge would allow educational benefits through the use of the GI Bill.  However, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.

5.  The applicant contends that another other Soldier with a similar offense was discharged with an honorable discharge.  However, the method in which another Soldier’s case was handled is not relevant to the applicant’s case.  Applicable regulations state that each case must be decided on an individual basis considering the unique facts and circumstances of that particular case.

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:  Personal Appearance     Date:  12 August 2013     Location: Washington, DC

Did the Applicant Testify?   Yes

Counsel:  None

Witnesses/Observers:  Yes, Uncle

DOCUMENTS/TESTIMONY PRESENTED DURING PERSONAL APPEARANCE:

1.  The applicant submitted the following additional documents:

	a.  Memorandum, State of Alaska Dept of Health and Human Services, Division of Alcoholism and Drug Abuse ASAP Services – 1 page
	b.  Certificate, Prime for Life Alcohol and Drug Prevention training – 1 page
	c.  Memorandum of recommendation DA APVR-ABNA-A dtd 1 August 2011 – 1 page

2.  The applicant presented no additional contentions.

In addition to the evidence in the record, the Board carefully considered the additional documents and testimony presented by the applicant at the personal appearance hearing.











Board Vote:
Character  	Change:  3	No Change:  2
Reason	Change:  0	No Change:  5
(Board member names available upon request)

Board Action Directed:
Issue a new DD Form 214:		Yes
Change Characterization to:	Honorable
Change Reason to:			No Change
Change RE Code to:		NA
Grade Restoration to:		NA
Change Authority for Separation:	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)		AR20130002876



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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