Applicant Name:  ?????

Application Receipt Date: 2011/03/10	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.  The applicant submitted no issues of equity or propriety to be considered by the Board. 

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: 100907
Discharge Received: 			   Date: 100930   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location:  A Co, Task Force Troubleshooters, Task Force Destiny, APO AE 09355 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 100724, failed to obey a lawful general order by failing to maintain positive personal control of his weapon at all times (100708); reduction to E-3, forfeiture of $398 pay (suspended), extra duty for 14 days and restriction for 14 days, and an oral reprimand, (CG). 

091104, without authority, failed to go at the time prescribed to his appointed place of duty x 2 (090818), (090326); and stealing a pair of sterling silver earrings, of a value less than $500, the property of AAFES (090918); forfeiture of $185 pay, extra duty for 14 days, restriction for 14 days, and an oral reprimand, (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: 080723    Current ENL Term: 04 Years  00
Current ENL Service: 	02  Yrs, 02 Mos, 08Days ?????
Total Service:  		02  Yrs, 02 Mos, 08 Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 92A10 Automated Logistical Spec   GT: 98   EDU: HS Grad   Overseas: Southwest Asia   Combat: Afghanistan (100315-100915)
Decorations/Awards: NDSM, ACM-W/CS, GWOTSM, ASR, NATO MDL

V.  Post-Discharge Activity
City, State:  Tampa, FL 
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 September 2010, 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 failing to be at his appointed place of duty on divers occasions between (090326-100801); failing to maintain positive personal control of his M249 (100708); lying to a SSG and failing to maintain positive personal control of the bolt for his weapon (100629); willfully disobeying a lawful order, disrespectful in language and  deportment towards a SGT (100503); willfully disobeying a lawful order from a SGT (100425); and stealing a pair of earrings from AAFES (090918), with a general, under honorable conditions discharge.  He was advised of his rights. 
        
       On 7 September 2010, 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 Army and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. 
       
       On 8 September 2010, the separation authority 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 and the  application he submitted, 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 his discharge hinders his ability to get a job with the local police department. The Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.
       
       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 submitted no issues of equity or propriety to be considered by the Board.
       
       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: 7 October 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: DDForm 149, dated (110307); and a DD Form 214, dated (100930).

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 AR20110004588
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