Applicant Name: ?????
Application Receipt Date: 2011/10/31 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: The applicant states, in effect, he would like to rejoin the Army and he is interested in going to school. Due to his discharge status he is unable to get a grant or good employment. He apologizes for what happened and never meant to disrespect the Army or its standards. He has 3 children who he can barely look at because he thinks how life would've been if he had just stayed in the Army. He lost his paperwork in a fire; however, he assures the board that he has not been in any trouble. He is asking for a second chance.
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: 080222
Discharge Received: Date: 080321 Chapter: 14-12c AR: 635-200
Reason: Misconduct (Serious Offense) RE: SPD: JKQ Unit/Location: Headquarters and Headquarters Company, 7th Battalion, 101st Aviation Regiment, Fort Campbell, Kentucky
Time Lost: None
Article 15s (Charges/Dates/Punishment): None
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 18
Current ENL Date: 061109 Current ENL Term: 3 Years 2 Months
Current ENL Service: 1 Yrs, 4 Mos, 13 Days ?????
Total Service: 2 Yrs, 5 Mos, 29 Days ?????
Previous Discharges: ARNG 050923 - 051011/NA
RA 051012 - 060324/HD
ARNG 060325 - 061108/HD
Highest Grade: E-3 Performance Ratings Available: Yes No
MOS: 74D10 Chemical Operations Specialist GT: 94 EDU: HS Grad Overseas: None Combat: None
Decorations/Awards: NDSM, GWOTSM, ASR
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 22 February 2008, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, Section III, paragraph 14-12c, AR 635-200, by reason of misconduct, commission of a serious offense, for robbing an ABC cab driver and burglarizing a Motor Home Park in Oak Grove, Kentucky, with a general, under honorable conditions discharge. He was advised of his rights.
The applicant's election of rights is not contained in the available record and the analyst presumed government regularity in the discharge process. 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.
On 6 March 2008, the separation authority waived further rehabilitative efforts and directed the applicant's discharge with a characterization of service of general, under honorable conditions.
The record contains a Commonwealth of Kentucky Uniform Citation #0240500.
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 carefully examining the applicants record of service during the period of enlistment under review the issues and documents he submitted, the analyst determined that the discharge was both proper and equitable. There was a full consideration of all faithful and honorable service as well as the infraction of discipline, the extent thereof, and the seriousness of the offense.
The analyst determined that the applicants 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 applicants service mitigated the misconduct or poor duty performance.
The analyst noted the applicant's issues about his desire to rejoin the Service, to have better job opportunities and the benefits of the GI Bill. However, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities. Furthermore, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of 3. If reenlistment is desired, the applicant should contact the 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. Additionally, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.
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: 4 May 2012 Location: Washington, D. C.
Did the Applicant Testify? Yes No
Counsel: None
Witnesses/Observers: None
Exhibits Submitted: DD Form 293 with a self-authored statement, orders 081-0602, orders 07-0604, ERB and a DD Form 214
VIII. Board Discussion, Determination, and Recommendation
After carefully examining the applicants record of service during the period of enlistment under review and considering the analysts 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 AR20110021884
______________________________________________________________________________
Page 3 of 3 pages
ARMY | DRB | CY2009 | AR20090010358
The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. The separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. Board Discussion, Determination, and Recommendation After carefully examining the applicants record of service during the period of...
ARMY | DRB | CY2012 | AR20120004330
Applicant Name: ????? On 29 November 2005, the separation authority approved the Chapter 10 request and directed an under other than honorable conditions discharge. It is also noted that the characterization of service for this type of discharge is normally under other than honorable conditions and the applicant was aware of that prior to requesting discharge.
ARMY | DRB | CY2008 | AR20080002220
Were Proper Discharge and Separation Authority procedures followed? The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 10, AR 635-200, for the good of the service in lieu trial by court-martial with a characterization of service of under other than honorable conditions. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes...
ARMY | DRB | CY2008 | AR20080005991
An enlisted member separated for misconduct which includes unsatisfactory participation will normally be furnished a characterization of service of under other than honorable conditions in accordance with Army Regulation 135-178. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicants available military records during the period of enlistment under review and the issue he submitted, the analyst recommends that the applicants characterization of...
ARMY | DRB | CY2010 | AR20100030427
Applicant Name: ????? On 10 December 2008, 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. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: No Change RE Code: Grade Restoration: No Yes Grade: No Change Legend: AWOL Absent Without Leave GCM General Court Martial NA Not applicable SCM Summary Court...
ARMY | DRB | CY2009 | AR20090021001
Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on 28 January 2008, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12c, AR 635-200, by reason of misconduct-commission of a serious offense; in that he abused illegal drugs on three occasions and on (080123), he was disrespectful in language and deportment to a 1SG; and failed to be at his appointed place of duty on several occasions, with a...
ARMY | DRB | CY2010 | AR20100020615
Applicant Name: ????? Board Discussion, Determination, and Recommendation After carefully examining the applicants record of service during the period of enlistment under review and considering the analysts recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted to deny relief. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade...
ARMY | DRB | CY2009 | AR20090020958
Applicant Name: ????? On 14 July 2008, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. Board Discussion, Determination, and Recommendation After carefully examining the applicants record of service during the period of enlistment under review and considering the analysts recommendation and rationale, the Board determined that the discharge was both...
ARMY | DRB | CY2012 | AR20120005767
Applicant Name: ????? The intermediate commander reviewed the proposed action and recommended approval of the separation with a general, under honorable conditions discharge. Recruiters 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.
ARMY | DRB | CY2010 | AR20100012828
Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on 17 May 2005, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12c, AR 635-200, by reason of misconduct-commission of a serious offense; in that he was found to be driving under the influence of alcohol on or about (050109) and was found to be driving while intoxicated on or about (020809), with a general, under honorable conditions discharge. ...