Applicant Name: ????? Application Receipt Date: 2010/08/11 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states: "I received a General Discharge under Honorable conditions. I wish to change this to an Honorable Discharge. I don't believe I should receive anything less than honorable. I was discharged because the Army said I was an alcoholic and needed help. I had reached out for help and they couldn't give me what I needed, so they discharged me. I should be eligible for benefits because I did serve honorably and reached out for help, but then the Army stopped offering because I didn't agree to the terms." II. Were Proper Discharge and Separation Authority procedures followed? Tender Offer: N/A See Attachments: Legal Medical Minority Opinion Exhibits III. Discharge Under Review Unit CDR Recommended Discharge: Date: 011115 Discharge Received: Date: 020124 Chapter: 14-12b AR: 635-200 Reason: Pattern of Misconduct RE: SPD: JKA Unit/Location: B Co.,1-14th Infantry Bn, Schofield Barracks, HI Time Lost: None Article 15s (Charges/Dates/Punishment): 010309, failed to go at the time prescribed to his appointed place of duty x3 (000714, 000816, 010305); and, dereliction of duty (010305), extra duty and restriction for 14 days (Summarized). 010424, failed to go at the time prescribed to his appointed place of duty (010323); and, as a result of wrongful previous onverindulgence in intoxicating liquor, was incapacitated for the proper performance of his duties (010323), reduction to E-2 (suspended, to be automatically remitted if not vacated before 24 May 01); forfeiture of $272.00 (suspended, to be automatically remitted if not vacated before 24 May 01); extra duty and restriction for 14 days (CG). 010814, as a result of wrongful previous overindulgence in intoxicating liquor, was incapacitated for the proper performance of his duties (010731), reduction to E-2, forfeiture of $272.00; extra duty and restriction for 14 days (CG). Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 21 Current ENL Date: 000110 Current ENL Term: 8 Years ????? Current ENL Service: 2 Yrs, 0Mos, 15Days ????? Total Service: 2 Yrs, 0Mos, 15Days ????? Previous Discharges: None Highest Grade: E-3 Performance Ratings Available: Yes No MOS: 11B10/Infantryman GT: 105 EDU: 1 year College Overseas: Hawaii Combat: None Decorations/Awards: ASR V. Post-Discharge Activity City, State: Livermore, CA Post Service Accomplishments: None submitted by the applicant. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 15 November 2001, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, by reason of pattern of misconduct, for receiving three Articles 15: on 9 March 2001 for violating Article 86 on two occasions and Article 92; on 24 April 2001 for violating Article 86 and Article 134; and on 14 August 2001 for violating Article 134. His unit commander recommended a general, under honorable conditions discharge. The applicant was advised of his rights. In addition, he violated Article 86 x 6 (000714, 000816, 010128, 010228, 010906, 010908); Article 91 x 4 (010228, 010906, 011001, 011001); Article 112 (010731); Article 92 x 3 (010911, 010925, 011006) and failed to finish the ADAPC program because of his unwillingness to discontinue drinking alcohol (001010). On 19 November 2001, the applicant consulted with legal counsel, was advised of the impact of the discharge action, unconditionally waived his right to an administrative separation board, and did not submit a statement in 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 of the separation with a general, under honorable conditions discharge. The separation authority waived further rehabilitative efforts and directed the applicant’s discharge with a characterization of service of general, under honorable conditions. On 20 October 2000, the Clinical Director deemed the applicant an alcohol and drug rehabilitation failure as a result of the applicant's refusal to continue further treatment and his desire to continue drinking. 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, and the issues submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the applicant's discharge. The analyst determined that the applicant’s discharge was appropriate because the quality of service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. By the misconduct, the applicant diminished the quality of the former Soldier’s service below that meriting a fully honorable discharge. 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 states that the U.S. Army did not give him the help he needed. The evidence of record shows that the command attempted to assist the applicant in performing and conducting himself to Army standards by providing counseling and by the imposition of non-judicial punishment on three ocassions. The applicant failed to respond appropriately to these efforts. In addition, the command supported his enrollment in an intensive, outpatient alcohol treatment program, which the applicant, by his own admission, withdrew himself from and continued to drink alcohol. The analyst noted the applicant's desire for benefits. Eligibility for veteran's benefits 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. Therefore, 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: 23 February 2011 Location: Dallas, Texas Did the Applicant Testify? Yes No Counsel: N/A Witnesses/Observers: N/A Exhibits Submitted: None 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 both proper and equitable and voted to deny relief. IX. Board Decision XI. Certification Signature Board Vote: Approval Authority: Character - Change 0 No change 5 Reason - Change 0 No change 5 (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: No Change Other: No Change RE Code: Grade Restoration: No Yes Grade: N/A 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 AR20100021350 ______________________________________________________________________________ Page 3 of 3 pages