Applicant Name: ????? Application Receipt Date: 2012/04/02 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that he requests an upgrade of his discharge to fully honorable. He contends there were regulatory errors in the processing of his discharge. 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: GD Date: 110919 Discharge Received: Date: 110930 Chapter: 14-12c AR: 635-200 Reason: Misconduct (Serious Offense) RE: SPD: JKQ Unit/Location: A Trp, 1-33rd Cavalry Regt, 3rd Bde Cbt Tm, Fort Campbell, KY Time Lost: None Article 15s (Charges/Dates/Punishment): None Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 24 Current ENL Date: 101010 Current ENL Term: 02 Years ????? Current ENL Service: 00 Yrs, 11 Mos, 21 Days ????? Total Service: 06 Yrs, 00 Mos, 19 Days ????? Previous Discharges: USAR-050912-051002/NA (Dep) RA-051003-080904/HD RA-080905-101009/HD Highest Grade: E-5 Performance Ratings Available: Yes No MOS: 19D10 Cavalry Scout GT: 84 EDU: HS Grad Overseas: Korea/Southwest Asia Combat: Afghanistan (100125-110126) Decorations/Awards: ARCOM-2, AAM-3, AGCM, NDSM, ACM-W/CS, GWOTSM, KDSM, NPDR, ASR, OSR-2, NATO MDL, CAB V. Post-Discharge Activity City, State: Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 19 September 2011, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of misconduct-commission of a serious offense for public intoxication and unlawfully possessing a firearm (110219); driving under the influence of alcohol that led to him being hospitalized because his blood alcohol level was 26% (110412); and driving under the influence of alcohol on a suspended driver's license (110829), with a general, under honorable conditions discharge. He was advised of his rights. On 21 September 2011, 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 (although not entitled to a board) and submitted 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. On 22 September 2011, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions The applicant's record contains two (2) General Officer Memoranda of Reprimand, dated 15 September 2011, for refusing to take a lawfully requested test to measure his blood alcohol content (bac), (Administrative) and 26 May 2011, for driving under the influence of alcohol, (Administrative). 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 during the period of enlistment under review, the issue and documents submitted with the application, the analyst determined that the discharge is improper. The evidence of record shows that the applicant consulted with legal counsel and was not advised that he was entitled to have his case considered by an administrative separation board. The applicant 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. 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 honorable and a change to the narrative reason for separation to Secretarial Authority, with a corresponding separation (SPD) code of “JFF.” This action does not entail a change to the reentry eligibility (RE) code; however, the Board can consider it. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 19 September 2012 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: DD Form 293, dated (120329); DD Form 214, datted (110930); Chapter 14 Discharge Packet, forty-five (45) pages; Good Soldier Book, fifty-six (56) pages. 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 is improper. The evidence of record shows that the applicant consulted with legal counsel and was not advised that he was entitled to have his case considered by an administrative separation board. The applicant 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 further 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 honorable and a change to the narrative reason for separation to Secretarial Authority, with a corresponding separation (SPD) code of “JFF.” This action does not entail a change to the reentry eligibility (RE) code. IX. Board Decision Board Vote: Character - Change 5 No change 0 Reason - Change 5 No change 0 (Board member names available upon request) X. Board Action Directed Issue a new DD Form 214 Change Characterization to: Change Reason to: Secretarial Authority under provisions of Chapter 5, AR 635-200, with a corresponding separation (SPD) code of “JFF.” Other: Change the separation authority to "AR 635-200, paragraph 5-3." RE Code: Grade Restoration: No Yes Grade: None XI. Certification Signature Approval Authority: ARCHIE L. DAVIS III Colonel, U.S. Army President, Army Discharge Review Board BONITA E. TROTMAN Lieutenant Colonel, U. S. Army Secretary Recorder ????? 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 AR20120006515 ______________________________________________________________________________ Page 3 of 3 pages