Applicant Name: ????? Application Receipt Date: 2009/12/30 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant submitted no issues of equity or propriety to be considered by the board. 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: 081028 Discharge Received: Date: 090220 Chapter: 14-12c AR: 635-200 Reason: Misconduct (Serious Offense) RE: SPD: JKQ Unit/Location: HQ & HQ Troop, 3rd Brigade Special Troops Battalion, 3rd Brigade Combat Team, 3rd Infantry Division, Fort Benning, GA 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: 26 Current ENL Date: Reenl/060102 Current ENL Term: 5 Years ????? Current ENL Service: 3 Yrs, 1 Mos, 19 Days ????? Total Service: 8 Yrs, 0 Mos, 29 Days ????? Previous Discharges: RA 010122-030207/HD RA 030208-060101/HD Highest Grade: E-5 Performance Ratings Available: Yes No MOS: 92Y20 Unit Supply Spec/Ammunition Spec GT: 94 EDU: HS Grad Overseas: Korea, Southwest Asia Combat: Iraq (050105-060105) Decorations/Awards: ARCOM, GCMDL (2), NDSM, GWOTEM, GWOTSM, KDSM, ICMDL, ASR, OSR (2), C/A, C/Ach V. Post-Discharge Activity City, State: ????? 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 28 October 2008, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12c, AR 635-200, by reason of misconduct-commission of a serious offense; in that she was driving under the influence of alcohol on or about (060327), driving under the influence of alcohol on or about (070317) and driving under the influence on or about (071208), with a general, under honorable conditions discharge. She was advised of her rights. The applicant consulted with legal counsel, was advised of the impact of the discharge action, requested consideration of her case by an administrative separation board and did not submit a statement in her 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 20 January 2009, the applicant was notified to appear before an administrative separation board and advised of her rtights. On 23 January 2009, the administrative separation board met, and the applicant appeared with counsel. The board recommended that the applicant be separated from the Army with a general, under honorable conditions discharge. On 6 February 2009, , the separation authority approved the findings and recommendation of the board, waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. The applicant received two General Officer Memorandum of Reprimand's (GOMOR), the first GOMOR was for being arrested by the civilian police for driving under the influence of alcohol on (060327), as determined by a properly conducted test, dated 27 June 2006, (Administrative), and the other GOMOR was for being arrested by the civilian police for driving under the influence of alcohol on (071208), as determined by a properly conducted test, and she was previously cited for driving under the influence on (060328 and 070317), dated 1 February 2008 (Administrative). The record contains three Military Police Report's in reference to the applicant's offenses of driving under the influence of alcohol, dated 28 March 2006, 17 March 2007 and 8 December 2007. 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 a careful review of all the applicant’s military records, 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 her 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 her 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 analyst noted that the applicant did not submit an issue of equity or propriety for the board's consideration and the board has not otherwise relied upon an issue of equity or propriety to change the discharge. Therefore, the analyst determined that 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: 24 September 2010 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: DD Form 293 dated 14 December 2009. 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: 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 AR20100000417 ______________________________________________________________________________ Page 1 of 3 pages