Applicant Name:  ?????

Application Receipt Date: 2011/08/22	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant, states in effect, that he is not here to lie to the Board, he made his share of mistakes while serving his country but he was fully rehabilitated while serving and was unjustly done by his NCO.  He was accused of being AWOL and other Soldiers that were AWOL for over one year received an honorable discharge.

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: 100909
Discharge Received: 			   Date: 110126   Chapter: 14-12b    AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: Rear Det, 10th Combat Aviation Brigade, Fort Drum, NY  

Time Lost: None

Article 15s (Charges/Dates/Punishment): 110106, failed to report two times (101108, 101129), disobeyed a lawful order from an NCO on two occasions (101215, 110104), forfeiture of %732 for two months, 45 days of extra duty and restriction (FG)

100624, wrongfully communicated a threat (100520), forfeiture of $500, 45 days of extra duty and restriction, and an oral reprimand (FG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: 070628    Current ENL Term: 6 Years  16 weeks
Current ENL Service: 	03 Yrs, 06 Mos, 29 Days ?????
Total Service:  		05 Yrs, 06 Mos, 07 Days Includes inactive service
Previous Discharges: 	USAR 050721-070627/NIF
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 92W10/Water Treatment Spc   GT: 104   EDU: HS Grad   Overseas: Germany, SWA   Combat: Iraq (081127-NIF)
Decorations/Awards: NDSM, ICM-CS, GWOTSM, ASR, OSR

V.  Post-Discharge Activity
City, State:  Ewa Beach, HI
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 9 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 several instances of failing to report to his designated place of duty, being disrespectful and disobedient to those appointed over him on numerous occasions, and being charged with disorderly conduct by the civilian police, with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 9 September 2010, 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 discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.  
       
       On 6 October 2010, the separation authority approved the discharge with a characterization of service of general, under honorable conditions and suspended its execution for 6 months to allow the applicant for an opportunity to be rehabilitated.  However, on 11 January 2011, the separation authority vacated the suspension and ordered the discharge to be executed as it had been approved.
       
       On 26 January 2011, the applicant was separated from the Army with a general, under honorable conditions discharge.
       
       The record contains a court document from the State of New York dated 12 December 2010 and a Military Police Report dated 3 April 2010.

       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, the documents, and the issues 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 repeated misconducted 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 NCOIC unfairly accused him of being AWOL and that others with similar offenses were given an honorable discharge.  However, the analyst found no evidence of arbitrary or capricious actions by the command and 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 record indicates that the command approved his discharge and suspended it in an attempt to provide him an opportunity for rehabilitation.  The applicant continued to engage in acts of misconduct by disobeying orders and failing to report to his place of duty as shown by the Article 15 he received on 6 January 2011 and many negative counseling statements contained in the record.
       
       Further, the method in which another Soldier’s case was handled is not relevant to the applicant’s case.  Applicable regulations state that each case must be decided on an individual basis considering the unique facts and circumstances of that particular case.
       
       Moreover, the analyst acknowledges the applicant's in service accomplishments which included a combat tour as stated in his application.  However, the analyst did not find the said issue sufficiently mitigating to warrant an upgrade of the discharge under review.  The applicant’s service was marred by two field grade Article 15s and numerous negative counseling’s for multiple violations of the Uniformed Code of Military Justice.
       
       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: 7 March 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: Enlistment documents, deployment order.

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: NA
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 AR20110017166
______________________________________________________________________________


Page 1 of 3 pages