Applicant Name: ????? Application Receipt Date: 2010/11/30 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that he is requesting clemency in reference to his characterization of service. This being his only offense, he has no excuse for his immaturity and lack of disrespect. However; today, he is a different person with a different mind set. After his release from the service and his return from Iraq, he sought spiritual and professional veterans counseling and was recommended to write this letter. 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: 090421 Discharge Received: Date: 090513 Chapter: 14-12c AR: 635-200 Reason: Misconduct (Serious Offense) RE: SPD: JKQ Unit/Location: HQ, 82nd Brigade Support Battalion, (Rear), (Provisional), 3rd Brigade Combat Team (Rear), (Provisional), 82nd Airborne Division, Fort Bragg, NC Time Lost: None Article 15s (Charges/Dates/Punishment): 081124, failed to go to his appointed place of duty, (081023), disrespectful in language and deportment towards SSG, a noncommissioned officer (081023), and making a false official statement (081023), reduction to Private (E-1), restriction and extra duty for 14 days, suspended, to be automatically remitted if not vacated before (090516), CG) 080624, as a result of wrongful prior overindulgence in intoxicating liquor, incapacitated for the proper performance of his duties (080518), reduction to Private (E-2), forfeiture of $352.00 pay per month for one month, restriction and extra duty for 14 days, suspended, to be automatically remitted if not vacated before (081220), and a oral admonition (CG) Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 19 Current ENL Date: 061109 Current ENL Term: 4 Years The applicant required a medical waiver at the time of enlistment, which was approved on (061026). Current ENL Service: 2 Yrs, 6 Mos, 5 Days ????? Total Service: 2 Yrs, 6 Mos, 5 Days ????? Previous Discharges: None Highest Grade: E-3 Performance Ratings Available: Yes No MOS: 92A1P Automated Logistical Spec GT: 85 EDU: HS Grad Overseas: Southwest Asia Combat: Iraq (081204-090318) Decorations/Awards: NDSM, GWOTSM, ICMDLw/CS, ASR 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 21 April 2009, 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 he constantly misbehaved and failed to correct his actions, with a general, under honorable conditions discharge. He was advised of his rights. On 21 April 2009, the applicant consulted with legal counsel, was advised of the impact of the discharge action, 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. On 21 April 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, and the issue 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 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 analyst noted the applicant's issue that is requesting clemency in reference to his characterization of service and that this being his only offense, he has no excuse for his immaturity and lack of disrespect. However, to day, he is a different person with a different mind set. The applicant is to be commended for his efforts. However, this accomplishment does not provide the Board a basis upon which to grant relief. Further, even though the applicant claims that this was his only offense, the analyst concluded that the applicant committed many discrediting offenses, which constituted a departure from the standards of conduct, expected of soldiers in the Army. Having examined all the circumstances, the analyst determined that the applicant’s numerous incidents of misconduct did indeed adversely affect the quality of service, brought discredit on the Army, and was prejudicial to good order and discipline. These incidents of misconduct clearly diminished the quality of the applicant’s service below that meriting a fully honorable discharge. The applicant further contends that he has no excuse for his immaturity and lack of disrespect. The analyst found that the applicant met entrance qualification standards to include age. The analyst further found no evidence that the applicant was any less mature than other soldiers of the same age who successfully completed military service. 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: 22 July 2011 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: DD Form 293 dated 15 November 2010. 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 AR20100028681 ______________________________________________________________________________ Page 1 of 3 pages