Applicant Name:  ?????

Application Receipt Date: 2011/10/25	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 being railroaded  into his discharge because of a confrontation with the CSM.  He further contends he was the subject of harassment and discrimination.  He desires to receive VA benefits.  He also contends he suffers from Post Traumatic Stress Disorder (PTSD).  He additionally contends he was not provided counsel to inform him of the repercussions of his discharge and he would have completed his full  term of service if it was not for one incident.  He desires to reenlist in the 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: 080723
Discharge Received: 			   Date: 080910   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: HHT, 1-32nd Cav Regt, APO AE 09391  

Time Lost: None

Article 15s (Charges/Dates/Punishment): 080717, dereliction in the performance of his duties by failing to adhere to guard force uniform standards (080705); and being disrespectful in deportment towards a noncommissioned officer (CSM) (080705); forfeiture of $314 pay x 1 month (suspended), and extra duty for 14 days, (CG).

080217, while receiving special pay under U.S.C 310, being posted as a sentinel at ODA Tower, left his post without being regularly relieved; reduction to E-1, forfeiture of $670 pay x 2 months, and extra duty for 45 days, (FG).

070620, without authority, fail to go at the time prescribed to his appointed place of duty x 4 (070501), (070305), (070302), (070228); reduction to E-2 and extra duty for 14 days, (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: 050818    Current ENL Term: 03 Years  17 Weeks
Current ENL Service: 	03  Yrs, 00  Mos, 23  Days ?????
Total Service:  		03  Yrs, 00  Mos, 23  Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 11B10 Infantryman   GT: 91   EDU: HS Grad   Overseas: Korea/Southwest Asia   Combat: Iraq (070920-080831)
Decorations/Awards: NDSM, ICM-W/CS, GWOTSM, KDSM, ASR, OSR 

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



VI.  Facts, Circumstances, and Legal Basis for Separation
       a.  Facts and Circumstances:
       The evidence of record shows that on 23 July 2008, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12a, AR 635-200, by reason of pattern of misconduct for multiple offenses of failing to report, being disrespectful towards noncommissioned officers, sleeping on guard duty, and failing to pay spousal support,  with a general, under honorable conditions discharge.  He was advised of his rights.
       
       On 11 August 2008, the applicant consulted with legal counsel, was advised of the impact of the discharge action, requested consideration of his case by an administrative separation board (although not entitled to a board), and did not submit a statement in his own behalf.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, honorable conditions discharge. The senior intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge.
       
       On 14 August 2008, the applicant again consulted with legal counsel, was advised of the impact of the discharge action, acknowledged he was entitled to have his case heard by an administrative separation board, because he was being considered  for an under other than honorable conditions discharge, and did not submit a statement in his own behalf.  
       
       On 22 August 2008, 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 issue and documents submitted with the application, the analyst determined that the discharge is improper. 
       
       The evidence of record shows that the applicant consulted with legal counsel and requested consideration of his case by an administrative separation board.  The analyst noted that he was entitled to have his case reviewed by an administrative separation board because he was being considered for an under other than honorable conditions discharge and did not waive his right to a board.  The analyst noted that an administrative separation board is a right and required under the provisions of Army Regulation 635-200, and the record reflects that the applicant did not receive an administrative separation board.  Furthermore, denial of an administrative separation board constituted a prejudicial error to the rights of the applicant and the discharge is improper.  
       
       In view of the foregoing, the analyst recommends to the Board that relief be granted in the form of an upgrade of the characterization of service to fully honorable, change the separation authority to AR 635-200, paragraph 5-3,  and the narrative reason for separation to Secretarial Authority with the corresponding separation (SPD) code of "JFF."  This action does not entail a change to the reentry eligibility (RE) code; however, the Board can consider it.
       
       
       
       
       
       
       
VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 25 May 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, dated (101115); and a DD Form 214, dated (080910).

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 is improper.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable, change the  separation authority to AR 635-200, paragraph 5-3, and the narrative reason for separation to Secretarial Authority with the corresponding separation (SPD) code of "JFF."  This action does not entail a change to the reentry eligibility (RE) code.   
        
IX.  Board Decision						
Board Vote:
Character - Change 5    No change 0
Reason -     Change 5    No change 0
(Board member names available upon request)

X.  Board Action Directed
Issue a new DD Form 214  
Change Characterization to: 
Change Reason to: Secretarial Authority under the provision of Chapter 5, AR 635-200, with the corresponding separation (SPD) code of "JFF."
Other: Change the separation authority to "AR 635-200, paragraph 5-3."
RE Code: 
Grade Restoration:   No   Yes   Grade: None

XI.  Certification Signature
Approval Authority:





Colonel, U.S. Army
President, Army Discharge Review Board




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 AR20110021473
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