Applicant Name: ????? Application Receipt Date: 2010/07/22 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that he was discharged due to a DUI. He knew that it was wrong and has served his punishment even though there were many people in his unit that had DUI's. He was a great Soldier and has been for 5 years and his Captain has said many times this same thing. He is no longer drinking and has been clean for 7 months now. He wishes to get back in the Army, if he can get the chance and will not fail the Army or himself again. He can prove himself a valuable asset to the Army and has come from a long line of Soldiers. His father was a SFC before he was given a Medical boarded and discharged. His goal if he is let back in, is to prove himself and surpass his fathers rank. II. Were Proper Discharge and Separation Authority procedures followed? Tender Offer: NA See Attachments: Legal Medical Minority Opinion Exhibits III. Discharge Under Review Unit CDR Recommended Discharge: Date: 090923 Discharge Received: Date: 091016 Chapter: 14-12b AR: 635-200 Reason: Pattern of Misconduct RE: SPD: JKA Unit/Location: Bravo Battery, 1st Battalion, 41st Field Artillery Regiment, 1st Heavy Brigade Combat Team, 3rd Infantry Division, Fort Stewart, GA Time Lost: None Article 15s (Charges/Dates/Punishment): 090309, failed to go to his appointed place of duty x 3 (090122), (090207) and (090218), reduction to the grade of Provate (E-3), extra duty and restriction for 7 days (CG) Article 15, 050711, the continuation sheet depicting the applicant's charges are not part of the available record; however, the following punishment was imposed: forfeiture of $617.00 pay per month for 2 months, and extra duty for 45 days (FG) Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 23 Current ENL Date: 080911 Current ENL Term: 3 Years 2 weeks Current ENL Service: 1 Yrs, 1 Mos, 6 Days ????? Total Service: 7 Yrs, 0 Mos, 27 Days ????? Previous Discharges: ARNG 020920-040616/NA ADT 040617-041002/HD ARNG 041003-041009/NA ADT 041010-060120/NA ARNG 060121-080910/HD Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 13B10 Cannon Crewmember GT: 89 EDU: HS Grad Overseas: Southwest Asia Combat: Iraq (dates-NIF) Decorations/Awards: AAM, NDSM, GWOTSM, ICMDLw/CS, AFRMw/ "M" Device, ASR, CIB V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: The applicant stated in his issue that he is no longer drinking and has been clean for 7 months now. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 23 September 2009, unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12b, AR 635-200, by reason of a pattern of misconduct; in that he failed to obey a lawful order, failed to report on numerous occasions, overindulgent in alcohol, lost his ID card, and failed to meet the standards of AR 670-1. The unit commander recommended separation with a general, under honorable conditions discharge. He was advised of his rights. On 23 September 2009, the applicant consulted with legal counsel, was advised of the impact of the discharge action, requested consideration of his case by an administrative separation board 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 1 October 2009, 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 of this regulation 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, however, a general, under honorable conditions or an honorable discharge may be granted. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s military records, the analyst determined that the discharge is improper. The evidence of record shows that the applicant consulted with legal counsel and requested consideration of his case by an administrative separation board and had over 6 years of total active and reserve military service at the time of initiation of separation action. The analyst noted that an administrative separation board is a right and required under the provisions of Army Regulation 635-200, and the record reflects that the applicant did not receive an administrative separation board. The analyst determined that denial of an administrative separation board constituted a prejudicial error to the rights of the applicant and the discharge is improper. In view of the foregoing, the analyst recommends to the Board that relief be granted in the form of an upgrade of the characterization of service to fully honorable and a change to the narrative reason for separation to Secretarial Authority under the provisions of Chapter 5-3, AR 635-200, with a corresponding SPD code of "JFF." VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 6 April 2011 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: DD Form 293 dated 21 July 2010, Copy of his Honorable Discharge (DD Form 214) for the period of service ending 20 January 2006. VIII. 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 and is improper. The evidence of record shows that the applicant consulted with legal counsel and requested consideration of his case by an administrative separation board and had over 6 years of total active and reserve military service at the time of initiation of separation action. The Board noted that an administrative separation board is a right and required under the provisions of Army Regulation 635-200, and the record reflects that the applicant did not receive an administrative separation board and did not waive it. The Board determined that denial of an administrative separation board constituted a prejudicial error to the rights of the applicant and the discharge is improper. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable and a change to the narrative reason for separation to Secretarial Authority. IX. Board Decision XI. Certification Signature Board Vote: Approval Authority: Character - Change 5 No change 0 Reason - Change 5 No change 0 (Board member names available upon request) EDGAR J. YANGER Colonel, U.S. Army X. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: "Secretarial Authority" under the provisions of Chapter 5-3, AR 635-200, with a corresponding SPD code of "JFF." Other: None RE Code: Grade Restoration: No Yes Grade: No Change Legend: AWOL Absent Without Leave GCM General Court Martial NA Not applicable SCM Summary Court Martial BCD Bad Conduct Discharge GD General Discharge NIF Not in the file SPCM Special Court Martial CG Company Grade Article 15 HD Honorable Discharge OAD Ordered to Active Duty UNC Uncharacterized Discharge DD Dishonorable Discharge HS High School Graduate OMPF Official Military Personnel File UOTH Under Other Than Honorable FG Field Grade Article 15 IADT Initial Active Duty Training RE Reentry Code Conditions ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20100019366 ______________________________________________________________________________ Page 1 of 3 pages