Applicant Name:  ?????

Application Receipt Date: 2011/08/26	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, “I am requesting an upgrade of my discharge so that I Can go back into the U.S. Army and finish what I started which is to honorably serve my country.  I now realize that I missed a golden opportunity during the first time.  If I am allowed to go back into the service, I will not blow the opportunity this time.  I have already spoken to a recruiter and he told me that if I wanted to come back in, I would have to work harder for the privilege this time.  I am ready to do whatever I need to do in order to go back and join the fight!

I want to rejoin the military because I feel like it is the best place for me.  I miss the physical training, the diverse and unique people from all walks of life, and most of all how proud my family was of me for accomplishing something I had set my mind to do, I feel like I not only let my family down, but also my country, my peers, and my comrades.  I may not be able to describe to you how proud they were to see me focused, healthy, dedicated, motivated, and happy.  I gave everyone in my family a reason to look up to me.  Leaving the military with an Other Than Honorable Discharge tells me, and probably everyone who knows me, that I was not in control.  I was not sure that I wanted to be a lifelong Soldier.  Sometimes I would think ‘Why do I put up with being locked up?’  I could not stand being left in the rear. I want to rejoin so I can serve my country, make my family proud, make my father and mother proud, and in return make myself proud,

The military was, and always will be, one of the best choices l ever made.  If I could change anything about my military experience it would be the impulse on which I acted.  My biggest problem adjusting to the military may have been my lack of knowledge or maturity.  I did not choose my friends wisely.  One thing that benefitted me most in the military was the access to gyms, pools, and things of the sort that kept me focused.  I may miss the routine and physical aspect most.  I did enjoy wearing a clean uniform that was well taken care of.  I enjoyed walking into the Audie Murphy memorial room at Snow Hall on Fort Sill and telling a two star general that I am from the same town as the deceased military relic, just to have him turn around and say ‘Sergeant Majors are the Backbone of the Army.’  As most people know, the military moves.   Anyone who has ever moved knows it isn’t easy or pain free.  I left a lot on the table when I was in the Army.  One thing I would most definitely change is how often I spoke of the past and the manner(s) of which I spoke with at the office.”

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   ?????

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: ?????
Discharge Received: 			   Date: 100517   Chapter: 14-12b      AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: B Battery, 1st Battalion, 78th Field Artillery, 428th Field Artillery Brigade, Fort Sill, OK 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 080423, without authority failed to go at the time prescribed to his appointed place of duty, 0530 accountability formation,  (080226), (080317) and (081207); failed to obey a lawful order issued by LTC I, by wrongfully engaging in a social meeting with IET Soldiers (080407); wrongfully used cocaine, (080318 – 080331); reduction to E-1, forfeiture of $673.00 pay per month for two months, suspend one month for six months, extra duty for 45 days, restriction for 45 days to the limits of the battery area, place of duty, dining/medical facilities, and place of worship, (FG). 



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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 070507    Current ENL Term: 6  Years  20 Weeks
Current ENL Service: 	3  Yrs, 0 Mos, 11 Days ?????
Total Service:  		3  Yrs, 0 Mos, 11 Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 13F10 Fire Support Specialist   GT: 118   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, GWOTSM, ASR

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

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 19 February 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 report to his appointed place of duty, 0530 accountability formation, (080226); using cocaine, (080318 – 080331); on divers occasions failing to be at his appointed place of duty, 0600 accountability formation, (090831) and (100106); and using marijuana (091104 – 091204), with an under other than honorable conditions discharge.  He was advised of his rights.
       
        On 25 February 2010, the applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an Administrative Separation Board contingent upon him receiving a characterization of service no less favorable than general, under honorable conditions and did not submit a statement in his own behalf. 
       
        On 30 March 2010, the separation authority disapproved the applicant's request for a conditional waiver and referred the case to an Administrative Separation Board.
       
       On 30 April 2010, the applicant consulted with legal counsel, was advised of the impact of the discharge action, unconditionally waived his right to an administrative separation board 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 an under other than honorable conditions discharge.  
       
       On 6 May 2010, the separation authority approved the applicant's unconditional waiver, waived further rehabilitative efforts and directed the applicant’s discharge with a characterization of service of under other than 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.  
       
       The analyst noted the applicant’s issue of youth and immaturity; however, there is no evidence that the applicant was any less mature than other Soldiers of the same age who successfully completed military service.
       
       At the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.”  If reenlistment is desired, the applicant should continue to work with his 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: 6 February 2012         Location: Dallas, TX

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: DD Form 293 with a self-authored statement, ERB, Orders #132-13C1 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, hearing his testimony 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: ?????

Official:




BONITA E. TROTMAN
Lieutenant Colonel, U.S. Army
Chief, 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 AR20110017198
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