Applicant Name:  ?????

Application Receipt Date: 2010/12/16	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 and a change to the narrative reason for separation.  He contends that he was constantly harassed by members of his unit and his discharge was handled in an unprofessional manner.  He contends that he was entitled to an administrative separation board and was denied.      

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: 091202
Discharge Received: 			   Date: 100114   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: 1st Inland Cargo Transfer Company, 18th Combat Sustainment Bn, APO AE 09114 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 090601, assault upon a noncommissioned officer (SGT), reduction to E-3, forfeiture of $929 pay x 2 months, extra duty for 14 days and restriction for 14 days,

080328, willfully disobeyed a lawful order from a noncommissioned officer (SGT) (080125); reduction to E-2, forfeiture of $350 pay x1 month, extra duty for 45 days and restriction for 45 days, (FG).

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  31
Current ENL Date: 070410    Current ENL Term: 03 Years  ?????
Current ENL Service: 	02 Yrs, 09 Mos, 05 Days ?????
Total Service:  		10 Yrs, 10 Mos, 00 Days block 12e on the applicant's DD Form 214 total prior inactive serice, is incorrect and should read 05 Yrs, 10 Mos, 02 Days. 
Previous Discharges: 	USMCR-931201-931213/NA
                                       USMC-931214-960306/HD
                                       ARNG-990924-000923/HD
                                       USARCG-000924-050713/NA
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 88H10 Cargo Spec   GT: 93   EDU: HS Grad   Overseas: Germany   Combat: None
Decorations/Awards: NDSM-2, SWASM-W/2 BSS, GWOTSM, ASR, OSR, NSSDR  

V.  Post-Discharge Activity
City, State:  Linden, NC 
Post Service Accomplishments: None Listed 




VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 2 December 2009, 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 a Company Grade Article 15 (080528); receiving a Field Grade Article 15 (090601); and receiving numerous counselings on diverse occasions between (081211-081223), with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 8 December 2009, 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, 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.  The intermediate commander reviewed the proposed action and recommended approval of the separation with a general, under honorable conditions discharge.  
       
       On 23 December 2009, 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 a Military Police Report, dated 25 September 2009, with additional persons related to the report.

       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 during the period of enlistment under review, the issues 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, had over 6 years of total active and reserve military service at the time of initiation of separation action, and was entitled to have his case considered by an administrative separation board.  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 proper counseling advising him of entitlement to an administrative separation board and the record does not reflect that the applicant waived it.  The analyst determined that denial of an administrative separation bard 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 fully honorable and a change to the narrative reason for separation to Secretarial Authority.  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: 17 August 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 149, dated (101213); Memorandum, Senior Defense Counsel, dated (091208); Memorandum, Election of Rights, two (2) pages, dated (091208); Self-Authored Statement, (101213); Memorandum, Chapter 14 Rebuttal, five (5) pages, dated (100104); and a Memorandum, Separation Authority, dated (091223).  

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 requested consideration of his case by an administrative separation board and 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 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 fully honorable and a change to the narrative reason for separation to Secretarial Authority.  This action does not entail a change to the reentry eligibility (RE) code.
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 5    No change 0
Reason -     Change 5    No change 0
(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: Secretarial Authority under the provisions of Chapter 5, AR 635-200.
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: None

















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 AR20100029878
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