Application Receipt Date: 2008/01/25 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 and attached documents submitted by the Applicant. II. Were Proper Discharge and Separation Authority procedures followed? Yes No Tender Offer: ????? See Attachments: Legal Medical Minority Opinion Exhibits III. Original Character of Discharge Unit CDR Recommended Discharge: Date: 070828 Discharge Received: Date: 070926 Chapter: 14-12b AR: 635-200 Reason: Pattern of Misconduct RE: SPD: JKA Unit/Location: Rear Det, 3-69 AR, Fort Stewart, GA Time Lost: None Article 15s (Charges/Dates/Punishment): 070712, drunk on duty (070710), reduction to E-1, forfeiture of $650 x 2 (suspended), 45 days extra duty and restriction (FG) Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 840216 Current ENL Date: 051117 Current ENL Term: 3 Years 18 weeks Current ENL Service: 01 Yrs, 10Mos, 10Days ????? Total Service: 01 Yrs, 10Mos, 10Days ????? Previous Discharges: None Highest Grade: E-3 Performance Ratings Available: Yes No MOS: 11B10/Infantryman GT: 101 EDU: NIF Overseas: SWA Combat: Iraq (070113-070706) Decorations/Awards: NDSM, GWOTSM, ICM, ASR V. Post-Discharge Activity Home of Record: Post Service Accomplishments: None listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 28 August 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of pattern of misconduct—for alcohol related violations of General Order # 1 while on deployment to Iraq (070620), and for being drunk on duty (070710) for which he received a Field Grade Article 15, with a general, under honorable conditions discharge. He was advised of his rights. 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 and waiver of further rehabilitative efforts. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. On 18 September 2007, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. 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 absence 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, but a general discharge under honorable conditions or an honorable discharge may be granted. c. Response to Issues, Recommendation and Rationale: After carefully examining the applicant’s record of service during the period of enlistment under review and the issue and independent evidence he submitted related to his mental disorder, the analyst determined that the discharge was both proper and equitable. The applicant, by violating the Army's policy not to abuse alcohol in a combat zone compromised the special trust and confidence placed in a soldier. The applicant, as a soldier, had the duty to support and abide by the Army's alcohol abuse policies in the theater of war. By abusing alcohol, the applicant knowingly risked a military career, and his misconduct diminished the quality of service below that meriting a fully honorable discharge. Further, eligibility for veteran's benefits to include educational benefits under the 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. Additionally, if the applicant believes that he is entitled to a Purple Heart that was not awarded while on active duty he may make an application to the Army Board for Correction of Military Records, utilizing a DD Form 149, which can be obtained at a local military installation, from veteran’s assistance offices, or utilizing the Internet. The Army Discharge Review Board is not empowered to issue awards. The Board may only change the characterization or reason for discharge. In view of the foregoing, 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: 11 April 2008 Location: Washington, D.C. Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA VIII. Board Decision The discharge was: Proper Improper Equitable Inequitable The characterization of service was: Proper Improper Equitable Inequitable The narrative reasons were: Equitable Inequitable DRB voting record: Change 0 No change 5 - Character Change 0 No change 5 - Reason (Board member names available upon request) IX. Board Discussion, Determination, and Recommendation After carefully examining the applicant’s record of service during the period of enlistment under review and considering the analyst’s recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted to deny relief. Case report reviewed and verified by: Alejandro Champin, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: CHRISTINE U. MARTINSON DATE: 14 April 2008 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20080001579 Applicant Name: ______________________________________________________________________ Page 1 of 5 pages