Applicant Name:  ?????

Application Receipt Date: 2011/02/15	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, he believes that his discharge is improper and should be changed from a “General” to “Honorable” and his reenlistment code at least be brought up to a two.  His life’s goal was to be a Soldier and it still is.  Being a Soldier is all he has wanted to do since he was 15.  He had no control over the events that lead up to his discharge.  After he was assigned to his unit C 1/43 he met a young lady.  They dated a while and then decided to marry.  As time went on his unit was preparing to deploy and their duty hours got longer and longer.  His wife became convinced that he wasn’t being faithful and started to show up at his place of business during duty hours unannounced and caused major scenes.  It got to the point that his NCOs would have to ask her to leave.  His NCOs and chain of command instructed him to keep her away from the unit.  He told her what his NCOs and chain of command told him and that he was being faithful.  She ignored everything he told her and still interrupted his unit’s training in garrison and in the field.  His NCOs decided to punish him for his spouse’s actions.  He was written up multiple times and given an Article 15 with extra duty due to her actions prior to him being discharged.  His chain of command and his NCOs told him that he needed to get his personal life under control and then he could come back in.  When he was discharged he had a “General” discharge and a reenlistment code 3.  During the time that he has been discharged he finally got the divorce finalized between his now ex-wife and himself.  He and his ex-wife have joint custody of their daughter. 

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: 090420
Discharge Received: 			   Date: 090513   Chapter: 13    AR: 635-200
Reason: Unsatisfactory Performance	   RE:     SPD: JHJ   Unit/Location: Rear Detachment, 1st Battalion, 43rd Air Defense Artillery, 11th Air Defense Artillery Brigade, Fort Bliss, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 080630, without authority failed to go at the time prescribed to his appointed place of duty, 0820 hours Troop Medical Clinic (080512); with intent to deceive made a false official statement to SGT W “I am on quarters for twenty-four hours,” (080512); with intent to deceive signed an official record, a sick call slip which record was totally false and was known by the applicant to be so false (080512); reduction to E-2, extra duty for 14 days, restriction for 14 days to the limits of the barracks, place of duty, dining facility, place of worship, and medical/dental facilities, (CG).

090218, through neglect missed the movement of C Battery, 1st Battalion, 43rd Air Defense artillery which he was required in the course of duty to move (090201); disobeyed a lawful order issued by 1SG S to not have his wife come to the field site again (090201); reduction to E-2, forfeiture of $366.00, suspended, to be automatically remitted if not vacated before (090925), extra duty for 14 days, (CG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 070807    Current ENL Term: 4  Years  ?????
Current ENL Service: 	1   Yrs, 9  Mos, 7  Days ?????
Total Service:  		1   Yrs, 9  Mos, 7  Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 14T10 Patriot Oper/Maint   GT: 104   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, GWOTSM, ASR

V.  Post-Discharge Activity
City, State:  Tallahassee, FL
Post Service Accomplishments: None

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 20 April 2009, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 13, AR 635-200, by reason of unsatisfactory performance for the following:
       a. receiving a Company Grade Article 15 for missing movement and failure to obey an order from a noncommissioned officer (090220);
       b. receiving a Company Grade Article 15 for failing to report and making a false official statement and record, (080630);
       c. having multiple counselings for various incidents of indiscipline; with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 21 April 2009, the applicant waived his right to consult 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 Army and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed action and recommended approval with a general, under honorable conditions discharge.  
       
       On 6 May 2009, the separation authority waived further rehabilitation and directed that the applicant be discharged with a general, under honorable conditions discharge.  The applicant was not transferred to the U.S. Army Reserve Control Group.

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this Chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory Soldier.  Army policy states that a general, under honorable conditions discharge is normally considered appropriate; however, a fully honorable discharge may be granted in meritorious cases.

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of the applicant’s entire military records the issues and documents submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the applicant's discharge.  There was a full consideration of all faithful and honorable service as well as the incidents of unsatisfactory performance.  
       
       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 unsatisfactory performance, the applicant diminished the quality of his service below that meriting a fully honorable characterization of service.  
       
       The applicant contends mitigating circumstances contributed to his misconduct; specifically, family issues contributed to his discharge.  While the applicant may believe his family issues were the underlying cause of his misconduct, the record of evidence does not demonstrate that he sought relief from stress through his command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other resources available to all Soldiers.  Likewise, he has provided no evidence that he should not be held responsible for his misconduct.
        
       At the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.”  If reenlistment is desired, the applicant should contact the local recruiter to determine eligibility to reenlist.  Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. 
        
       Therefore, the analyst determined 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: 5 October 2011         Location: Washington, D. C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: DD Form 293 with a self-authored statement, discharge orders  and a DD 214.

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: NA										
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 AR20110003215
______________________________________________________________________________


Page 1 of 3 pages