1.	APPLICANT’S NAME:  

	a.	Application Date:  9 December 2014

	b.	Date Received:  29 December 2014

	c.	Counsel:  Yes

2.   REQUEST, REASON, ISSUES, BOARD TYPE, AND DECISION:  The applicant requests an upgrade of his general, under honorable conditions discharge to honorable.  The applicant states, in effect, he is having issues enrolling for education benefits.  He enrolled himself in the Army Substance Abuse Program to curb his drinking problems prior to the accident resulting in his discharge.  A prior records review was conducted on 23 July 2014.  In a personal appearance review conducted at Arlington, Virginia, on 28 September 2015, and by a 4-1 vote, the Board denied the request finding the separation was both proper and equitable.

	(Board member names available upon request.)

3.	DISCHARGE DETAILS:

	a.	Reason/Authority/Codes/Characterization:  Misconduct (Serious Offense)/AR 635-200, Paragraph 14-12c/JKQ/RE-3/General, Under Honorable Conditions.

	b.	Date of Discharge:  11 June 2013

	c.	Separation Facts:  

		(1)	Date of Notification of Intent to Separate:  9 May 2013

		(2)	Basis for Separation:  The applicant was informed of the following reasons:  On        23 February 2013, he operated a motor vehicle while under the influence of alcohol, with a registered BAC in excess of .08.

		(3)	Recommended Characterization:  General, Under Honorable Conditions.

		(4)	Legal Consultation Date:  10 May 2013

		(5)	Administrative Separation Board:  None

		(6)	Separation Decision Date/Characterization:  28 May 2013/General, Under Honorable Conditions.

4.	SERVICE DETAILS:

	a.	Date/Period of Enlistment:  18 May 2012/3 years

	b.	Age at Enlistment/Education/GT Score:  20 years/HS Graduate/118

	c.	Highest Grade Achieved/MOS/Total Service:  E-4/91B10, Wheeled Vehicle Mechanic, 3 years, 5 months, and 6 days

	d.	Prior Service/Characterizations:  RA-6 January 2010-17 May 2012/HD

	e.	Overseas Service/Combat Service:  Southwest Asia/Iraq (17 May 2011-18 December 2011).

	f.	Awards and Decorations:  AGCM, NDSM, GWOTSM, ICM-w/CS, ASR

	g.	Performance Ratings:  None

	h.	Disciplinary Action(s)/Evidentiary Record: Article 15, imposed on 19 April 2013, for physically controlling a vehicle while the alcohol concentration on his breath equaled or exceeded the applicable limit under the statute on 23 February 2013 with a BAC in excess of .08.  The punishment consisted of reduction to the grade of E-1, forfeiture of $758.00 pay per month for two months, and extra duty and restriction for 45 days (FG).  

A Military Police Report, date 23 February 2013, which indicates the applicant was the subject of investigation for driving while intoxicated. 

Two negative counseling statement dated 24 February 2013 and 12 March 2013, for DUI with a BAC of .077 and notification of separation action under the provisions of Chapter 14.

	i.	Lost Time:  None

	j.	Diagnosed PTSD/TBI/Behavioral Health:  None

5.	APPLICANT-PROVIDED EVIDENCE:  A DD Form 293, self-authored letter, portions of the Army Regulation (AR) 600-85, six character reference letters, and medical documents dated between 21 February 2011 and 28 March 2013.

6.	POST SERVICE ACCOMPLISHMENTS:  The applicant contends since his discharge he has been employed as a safety clerk and working in the towing industry.

7.	REGULATORY CITATION(S):  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.

Paragraph 14-12c states a Soldier is subject to action per this section for commission of a serious military or civilian offense, if the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Courts-Martial.

8.	DISCUSSION OF ISSUE(S):  The applicant requests an upgrade of the characterization of his discharge.  The applicant’s record of service, the documents and the issues submitted with the application were carefully considered.

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.  The applicant marred the quality of his service by receiving an Article 15 for violation of the Uniform Code of Military Justice and several negative counseling statements.

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.  

The applicant seeks relief contending he enrolled himself in the Army Substance Abuse Program to curb his drinking problems prior to the accident resulting in his discharge.

The chronological record of medical care, dated 3 January 2012, indicates the applicant reported he had received treatment in the past at ASAP although he stopped treatment due to deployment.  The applicant reported he self-enrolled due to wife’s and peer’s encouragement to seek help as he was drinking approximately a six pack on a daily basis.  It was also noted the applicant was diagnosed with Alcohol Dependence in April and May of 2011.  He was encouraged to return to ASAP for follow-up evaluation and treatment.

The applicant also contends he’s having issues enrolling for education benefits.  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.

The discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and the applicant was provided full administrative due process.



9.	BOARD ACTION DIRECTED:

	a.	Issue a new DD-214:  		No

	b.	Change Characterization to:  	No Change

	c.	Change Reason to:  			No Change

	d.	SPD/RE Code Change to:  		No Change

	e.	Restoration to Grade:  		NA


Authenticating Official:




COL, US ARMY
Presiding Officer 
Army Discharge Review Board























Legend:
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  
FG - Field Grade	IADT – Initial Active Duty Training	RE - Reentry	                Honorable Conditions 	

ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE

AR20150000502


2