Applicant Name:  ?????

Application Receipt Date: 2011/01/27	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states: "My ability to serve was impaired by my youth, immaturity, and deprived background."

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: 020214
Discharge Received: 			   Date: 020325   Chapter: 14-12b       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKA   Unit/Location: HHC, 67th SC Bn, Fort Gordon, GA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 010724, Failure to go at the time prescribed to his appointed place of duty x 4 (010404, 010405, 010518, and 010710), reduction to E3 (suspended); forfeiture of $332.00 pay per month for one month; extra duty for 14 days; and restriction for 14 days, (CG).

010815, suspension of punishment of reduction to E3 was vacated for disobeing a lawful order from a noncommissioned officer (010729) and failure to go at the time prescribed to his appointed place of duty (010729).

020122, Wrongful use of tetrahydrocannabinols (marijuana) between (011129 and 011228) and making a false statement (010725), reduction to E1; forfeiture of $300.00 pay per month for two months (suspended); 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:  19
Current ENL Date: 990316    Current ENL Term: 05 Years  ?????
Current ENL Service: 	03 Yrs, 00 Mos, 10 Days ?????
Total Service:  		03 Yrs, 00 Mos, 10 Days ?????
Previous Discharges: 	None
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 35E10/Radio/Comsec Repairer   GT: 116   EDU: HS Grad   Overseas: Korea   Combat: None
Decorations/Awards: ASR, OSR

V.  Post-Discharge Activity
City, State:  Buffalo, NY
Post Service Accomplishments: None Listed






VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       Evidence of record shows that on 14 February 2002, 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 his improper use of drugs, making false official statements, disobeying a lawful order, and for failing to report to his appointed place numerous times, with a general, under honorable conditions discharge.  He was advised of his rights.
       
       On 19 February 2002, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement in his own behalf which was not found in the available records.  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 an general, under honorable conditions discharge. 
       
       On 13 March 2002, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions.
       
       The applicant's record contains a Military Police Report, dated 26 July 2001.
       
       The analyst noted that on the applicant's DD Form 214 block 28, Narrative Reason for Separation, reads "Misconduct."

       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 issues, and documents 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 his 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.  
       
       Furthermore, the applicant, by violating the Army's policy not to possess or use illegal drugs, compromised the trust and confidence placed in a Soldier.  The applicant, as a Soldier, had the duty to support and abide by the Army's drug policies.  By abusing illegal drugs, the applicant knowingly risked a military career and diminished the quality of service below that meriting a fully honorable discharge.  
       
       The applicant contends that his ability to serve was impaired by his youth, immaturity, and deprived background.  The analyst noted the applicant's contentions; however, the analyst noted that the applicant met entrance qualification standards to include age.  There is no evidence that the applicant was any less mature than other Soldiers of the same age who successfully completed military service.
       
       
       
       Further, the evidence of record shows that the command attempted to assist the applicant in performing and conducting himself to Army standards by providing counseling and by the imposition of non-judicial punishment.  The applicant failed to respond appropriately to these efforts.  
       
       Additionally, the record of evidence does not demonstrate that the applicant soughed assistance through his command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other medical resources available to all Soldiers.  Likewise, he has provided no evidence that he should not be held responsible for his misconduct.  
       
       Finally, the analyst found that someone in the separation process erroneously entered on the applicant's DD Form 214, block 28, Narrative Reason for Separation as "Misconduct."  The analyst recommends that block 28, Narrative Reason for Separation be administratively corrected to "Pattern of Misconduct," as approved by the separation authority.
       
       Except for the foregoing modification to the applicant's narrative reason for separation, the analyst determined that the characterization of service was both proper and equitable and recommends to the Board to deny relief.
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 7 September 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: [ redacted ]

Witnesses/Observers: NA 

Exhibits Submitted: Online application, Self-authored letter, Letter of support, and DD Form 214 for the period of service under review.

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 found that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 28, Narrative Reason for Separation,"as "Misconduct."  In view of this errors, the Board voted to administratively correct block 28, Narrative Reason for Separation, to "Pattern of Misconduct," as approved by the separation approving authority.

Except for the foregoing modification to the applicant's narrative reason for separation, 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: Pattern of Misconduct
Other: Correct block 28, Narrative Reason for Separation to "Pattern of Misconduct."										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA

































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 AR20110002245
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