Applicant Name:  ?????

Application Receipt Date: 2011/06/22	Prior Review:     Prior Review Date: NA

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "Medical injury while in the US Army."

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: 110325
Discharge Received: 			   Date: 110405   Chapter: 14-12b     AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: Company A, 143rd Ordnance Battalion, 59th Ordnance Brigade, Aberdeen Proving Ground, MD 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 110216, Larceny; stole a pair of Fire Shield All weather Gloves from the Main Post Exchange (PX), Aberdeen Proving Ground, MD, a value of less than $500.00 the property of AAFES (110111); reduction to E-1, forfeiture of $733.00 pay per month for 2 months, extra duty for 45 days, restriction to the limits of company Area, Barracks, Dining/Medical Facility, and place of worship (chapel), for 45 days, (FG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 100706    Current ENL Term: 3 Years  25 Weeks
Current ENL Service: 	0   Yrs, 9  Mos, 0  Days ?????
Total Service:  		0   Yrs, 9  Mos, 0  Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: None   GT: 94   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM

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

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 25 March 2011, 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 misconduct, for showing a continual disregard for the rules and regulations; having multiple disciplinary infractions over a period of several months which include the following:  while at Downer Hall he was counseled after ripping a sink from the wall of a latrine after getting upset (101007); he was counseled for wearing civilian clothes as a Phase IV Soldier and malingering (101116); he was then transferred to Bravo Company and his pattern of misconduct continued with the following offenses: he was counseled for forgery, manipulating, and falsifying a military document after he changed the dates on a sick call slip to show more quarters time than recommended by a doctor (101213); he was counseled for missing 38 hours of Program of Instruction (P01) time in H Module, this was in addition to the time he had previously missed causing him to originally be recycled (101214); he was counseled for using a cell phone during the duty day, a violation of Bravo Company Policy (110106); he was counseled for failing to obey an order for not being at his appointed place of duty (110106); he was counseled for failing to obey an order for not returning to the office with his profile (110106); he was once again recycled to Alpha Company after missing too much P01 time and once again continued his pattern of misconduct (1101/middle of the month); he was counseled for wearing civilian clothes as a Phase IV Soldier and lying to a Non-Commissioned Officer (110122); he was counseled for stealing a pair of black leather gloves from the PX on 110113 (110203), for that offense, he received an Article 15, was found guilty, and punished. with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 25 March 2011, the applicant consulted with legal counsel, was advised of the impact of the discharge action, unconditionally waived his right to an administrative separation board (was not entitled) 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 of the separation with a general, under honorable conditions discharge.  
       
       The separation authority waived further rehabilitative efforts 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 the applicant’s available 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.  
       
       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.  
       
       There is no evidence of record and the applicant has not submitted probative medical evidence that he had a medical problem or that he suffered an injury which rendered him disqualified for further military service and that he was not able to perform his duties, with either medical limitation or medication. 
        
        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: 18 January 2012         Location: Washington, D. C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: DD Form 149 with a self-authored statement and a DD Form 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						
Board Vote:
Character - Change 0    No change 5
Reason -     Change 0    No change 5
(Board member names available upon request)

X.  Board Action Directed
Issue a new DD Form 214  
Change Characterization to: 
Change Reason to: No Change
Other: NA
RE Code: 
Grade Restoration:   No   Yes   Grade: NA

XI.  Certification Signature
Approval Authority:




EDGAR J. YANGER
Colonel, U.S. Army
President, Army Discharge Review Board




BONITA E. TROTMAN
Lieutenant Colonel, U. S. Army
Secretary Recorder
?????




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 AR20110012827
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