IN THE CASE OF:	

      BOARD DATE:  	18 September 2013

      CASE NUMBER:  	AR20130005386
___________________________________________________________________________

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 to upgrade his characterization of service from general, under honorable conditions to fully honorable.  

2.  The applicant states, in effect, his request for upgrade is based on being able to obtain the Post 9/11 GI Bill educational benefits that he paid into.  He is involved in alcohol rehabilitation groups.   

DISCHARGE UNDER REVIEW INFORMATION:

	a.	Application Receipt Date:	15 March 2013  
	b.	Discharge Received:	General, Under Honorable Conditions 
	c.	Date of Discharge:	28 November 2008 
	d.	Reason/Authority/SPD/RE Code:	Condition, Not a Disability, AR 635-200, Paragraph 
			5-17, JFV, RE-3
	e.	Unit of assignment:	HHC, 87th Combat Sustainment Support Battalion 
			3rd Sustainment Brigade, Fort Stewart, GA
	f.	Current Enlistment Date/Term:	7 November 2006, 4 years
	g.	Current Enlistment Service:	2 years, 0 month, 22 days 
	h.	Total Service:	2 years, 0 month, 22 days 
	i.	Time Lost:	None 
	j.	Previous Discharges:	None 
	k.	Highest Grade Achieved:	E-3
	l.	Military Occupational Specialty:	92Y10, Unit Supply Specialist
	m.	GT Score:	114
	n.	Education:	GED 
	o.	Overseas Service:	None
	p.	Combat Service:	None
	q.	Decorations/Awards:	NDSM; ASR
	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 7 November 2006, for a period of 4 years.  He was 18 years old at the time of entry and had a high school equivalency (GED).  He was trained in and awarded military occupational specialty (MOS) 92Y10, Unit Supply Specialist.  His record documents no acts of valor or significant achievement.  He completed 2 years, 0 months, and 22 days of active federal service.  



SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence of record shows that on 14 November 2008, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 5, paragraph 5-17, AR 635-200, by reason of physical condition, not a disability for being diagnosed by competent medical authority with Axis I: sedative dependence and adjustment disorder; Axis II: Cluster B and C traits; and Axis III: Overdose.  In addition, he possessed alcoholic beverages before he was of the legal age of 21; received a DUI; and resisted arrest.

2.  The commander recommended a general, under honorable conditions discharge and advised the applicant of his rights.  

3.  On 19 November 2008, 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 Service.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.  

4.  On 19 November 2008, the separation authority directed the applicant’s discharge with a characterization of service of general, under honorable conditions.

5.  The applicant was discharged from the Army on 28 November 2008, with a characterization of service of general, under honorable conditions.

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

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Article 15, dated 5 November 2008, driving under the influence of alcohol (080927) and possessing an alcohol beverage while under the legal age of 21 (081023).  The punishment consisted of reduction to the grade of E-1, forfeiture of $673 per month for one month, 45 days of extra duty and 45 days of restriction (suspended), (FG). 

2.  Two negative counseling statements dated 12 and 13 November 2008, for being process for separation and being disrespectful.  

3.  A State Department of Driver Service, dated 27 September 2008, indicates the applicant was arrested by civil authorities.

4.  An Armed Forces Traffic Ticket, dated 23 October 2008, indicates the applicant was issued a traffic ticket for drunk driving.

5.  Fort Stewart Police Desk Blotter, dated 30 September 2008, indicates the applicant was the subject in a reckless driving, drunken driving, and resisting apprehension incidents.  

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided none. 

POST-SERVICE ACTIVITY: 

The applicant states, in effect, he is involved in alcohol rehab group meetings.

REGULATORY AUTHORITY:

1.  Army Regulation (AR) 635-200 provides the basic authority for the separation of enlisted personnel.  Paragraph 5-17 specifically provides that a Soldier may be separated for other physical or mental conditions not amounting to a disability, which interferes with assignment to or performance of duty and requires that the diagnosis be so severe that the Soldier’s ability to function in the military environment is significantly impaired.  

2.  AR 635-200, paragraph 5-1, states that a Soldier being separated under this paragraph will be awarded a characterization of service of honorable, under honorable conditions, or an uncharacterized description of service if in entry-level status.  

3.  A general, under honorable conditions discharge is normally inappropriate for individuals separated under the provisions of Chapter 5-17 unless properly notified of the specific factors in the service that warrant such characterization. 

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for an upgrade of the characterization of his discharge was carefully considered.  However, after a careful review of all the available records for the period of enlistment under review, and the issue he submitted, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge.  

2.  A mental status evaluation by competent medical authority diagnosed the applicant with an adjustment disorder with depressed mood.  The unit commander subsequently recommended separation under provisions of AR 635-200, Chapter 5, paragraph 5-17, by reason of other designated physical or mental condition not amounting to a disability, with a general, under honorable conditions discharge and informed the applicant as to the specific factors in the service record that would warrant such discharge.  

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 record confirms that all the requirements of law and regulations were met and the rights of the applicant were fully protected throughout the separation process.  

6.  Therefore, the narrative reason for discharge being both proper and equitable, recommend the Board deny relief.

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Records Review      Date:  18 September 2013      Location: Washington, DC

Did the Applicant Testify?  No 

Counsel:  None 

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:		No Change
Change RE Code to:			No Change
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)		AR20130005386

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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