Applicant Name:  ?????

Application Receipt Date: 2011/02/22	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 that while deployed to Iraq he developed problems falling asleep at night which caused him to report for duty late.  He desires to reenter the service.  

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: 090611
Discharge Received: 			   Date: 090618   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: HHC, 4th Bde Cbt Tm, Fort Polk, LA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 080810, without authority, failed to go at the time prescribed to his appointed place of duty x 7 (080717), (080709), (080725), (080729), (080729), (080730), (080730); and willfully disobeyed a lawful order fom a noncommissioned officer (SGT) (080728); forfeiture of $673 pay x 2 months, extra duty for 45 days and restriction for 45 days, (FG).

080627, without authority, failed to go at the time prescribed to his appointed place of duty x 6 (080617), (080615), (080615), (080618), (080618), (080618), reduction to E-1, forfeiture of $314 pay, and extra duty for 14 days, (CG).

080605, without authority, failed to go at the time prescribed to his appointed place of duty x 3 (080520), (080524), (080528); reduction to E-2, forfeiture of $352 pay (suspended), extra duty for 14 days and restriction for 14 days, (CG).

070228, without authority, left his place of duty (080116); extra duty for 7 days and restriction for 7 days (both suspended), (Summarized).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 060608    Current ENL Term: 04 Years  00
Current ENL Service: 	03  Yrs, 00 Mos, 11 Days ?????
Total Service:  		03  Yrs, 00 Mos, 11 Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 42F10 Human Resources Information Systems Management Spec    GT: 100   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (071129-090110)
Decorations/Awards: NDSM, ICM-W/CS, GWOTSM, OSR, NATO MDL, MUC, VUA

V.  Post-Discharge Activity
City, State:  Florence, SC 
Post Service Accomplishments: None Listed


VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 3 June 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 an Article 15 for  leaving his place of duty (080207); and receiving three Article 15s for failing to go at the time prescribed to his appointed place of duty (080605), (080627), (081008), and failing to go at the time prescribed to his appointed place of duty on divers occasions between (080220-080501), with a general, under honorable conditions discharge.  He was advised of his rights. 
       
       On 4 June 2009, 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.  The intermediate commander reviewed the proposed action and recommended approval of the separation with a general, under honorable conditions discharge.
       
       On 12 June 2009, 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 issues and documents submitted with the application, the analyst found no mitigating factors that 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 applicant contends that while deployed to Iraq he developed poblems falling asleep at night which caused him to report for duty late.  The analyst acknowleges the independent medical document (Christus St. Francis Cabrini Hospital, Sleep Center, Polysomnogram Report) disgnosing the applicant with mild sleep apnea and prescribed him a CPAP breathing machine.  However, the applicant was discharged prior to receiving the breathing machine.
       
       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.  
       
       The applicant desires to reenter the service.  At the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.”   If the applicant desires to reenlist, he should contact the local recruiter to determine his 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.
       
       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: 23 September 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293; Self-Authored Statement, unsigned; Christus St. Francis Cabrini Hospital, Sleep Center, Polysomnogram Report, two (2) pages, dated (090520); Soldier Deployment History Outprocessing Report, dated (090618); and ten (10) DA Forms 4856 (Developmental Counseling Form), dated (080207), (080304), (080327), (080428), (080528), (080930), (081128), (080628), (080731), (080828).   

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: 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 AR20110003687
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