Applicant Name: ????? Application Receipt Date: 2012/04/09 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 his discharge was not justified. 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: NIF Date: NIF Discharge Received: Date: 120307 Chapter: 14-12c AR: 635-200 Reason: Misconduct (Serious Offense) RE: SPD: JKQ Unit/Location: Rear Detachment, 3-1st Bde Spec Trps Bn, Fort Knox, KY Time Lost: None Article 15s (Charges/Dates/Punishment): 111229, missing movement, and two specifications of violating Article 92, failing to obey other lawful written orders x 2, reduction to E-4, forfeitures of $1,115 pay x 2 months (suspended), extra duty for 45 days and restriction for 45 days, (FG). The Article 15 is not contained in the available record, information extracted from unit commander's recommendation memorandum. 100430, willfully disobeyed a noncommissioned officer, reduction to E-3 (suspended), forfeiture of $448 pay, extra duty for 14 days and restriction for 14 days, (CG). The Article 15 is not contained in the available record, information extracted from unit commander's recommendation memorandum. Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 25 Current ENL Date: 060803 Current ENL Term: 05 Years 8 months extension (101021) Current ENL Service: 05 Yrs, 07 Mos, 05 Days ????? Total Service: 05 Yrs, 07 Mos, 05 Days ????? Previous Discharges: None Highest Grade: E-5 Performance Ratings Available: Yes No MOS: 25U10 Signal Support System Spec GT: 110 EDU: HS Grad Overseas: Southwest Asia Combat: Afghanistan (080623-090612), (110106-110922) Decorations/Awards: ARCOM-3, AAM, AGCM, NDSM, ACM-W/ 2 CS,GWOTSM, ASR, OSR-2, NATO MDL-2, 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 does not contain the unit commander's documentation notifying 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 and the analyst presumed government regularity in the discharge process. However, the evidence of record does show on 26 January 2012, the unit commander's recommendation memorandum indicates the reason for the applicant's discharge was missing movement of the aircraft scheduled to depart for the United States through neglect due to his drunken state (0.73 BAC) (110923). He was advised of his rights. On 12 January 2012, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement in his own behalf. The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts. On 21 February 2012, the separation authority waived further rehabilitation and directed the applicant’s discharge 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 during the period of enlistment under review, the issue and documents submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the applicant's characterization of service. The analyst determined that the applicant’s discharge was appropriate because the quality of his 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 his 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 contends his discharge was not justified. The evidence of record shows applicant was recommended for discharge by reason of missing movement on the aircraft scheduled to depart for the United States through neglect due to his drunken state (0.73 BAC). The analyst also concluded that the applicant committed many discrediting offenses, which constituted a departure from the standards of conduct expected of Soldiers in the Army. Further, the analyst found no evidence of arbitrary or capricious actions by the command. The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. 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: 12 September 2012 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: DD Form 293, dated (120314); Memorandum, Trial Defense Counsel, two (2) pages, dated (120124), Applicant's Letter to Command, undated; and a DD Form 214, dated (120327). 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 Board Vote: Character - Change 0 No change 5 Reason - Change 0 No change 5 (Board member names available upon request) X. Board Action Directed Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: NA 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 AR20120007575 ______________________________________________________________________________ Page 3 of 3 pages