Applicant Name:  ?????

Application Receipt Date: 2011/1/14	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "I believe that my status should be upgraded and the reason changed because my case was rushed and all facts were not taken into consideration.  I was being written up for over sleeping while on medication given to me by my primary care provider, and I was constantly written up for being minutes late to formation after oversleeping on the medications being given to me.  My primary care provider, at the time, had me,  taking trial medications to see which medication would better suite the severity of my insomnia.  Despite the several attempts I made to inform the command that I was being harrassed (sic) by the NCO that I was assigned to, my request to be switched to different leadership was constantly denied.  Also while on my trial medications for insomnia I was placed on extra-duty and forced to report 20 minutes early to formations which limited the effectiveness of the medications that I was placed on.  The command ordered that I see a therapist (Ms. AV of the [redacted] Troop Medical Clinic #[redacted]) for my sleep since the medication was not taking effect do to the circumstances and she stated that since seeing her I had been making progress with my sleep although she made request to the command to reconsider the decision that had been made, request were ignored.  My primary care provider was also asked to submit the paper work and speak to the command about the treatment I was receiving and the request was not followed through.  I also spoke with an umbudsman and my case was being worked but again, my case was rushed so, that even her attempts were useless.  I do still wish to serve my country and fight to keep this country safe, and help other countries in their attempts to become free also.  I feel that my past experiences that I have had is not the best that the Army has to offer and my skills could be applied in the effort to keep this country safe.  The military has made a big difference in my life and I want no more than to serve an active role in the United States Military.  Please consider upgrading my status and reason so that I can once again reclaim the heighest honor of serving my country."

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: 100511
Discharge Received: 			   Date: 100602   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: HSC, Division Hqs & Hqs Bn, 1st Cav Div, Fort Hood, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 100412, without authority, failed to go at the time prescribed to his appointed place of duty x 5 (100330), (100401), (100403), (100403), (100403); forfeiture of $723 pay x 2 months, extra duty for 45 days and an oral reprimand, (FG).    

100325, without authority, failed to go at the time prescribed to his appointed place of duty x 3 (100325), (100309), (100309); reduction to E-1, forfeiture of $337 pay, extra duty for 14 days and an oral reprimand, (CG).

091007, without authority, failed to go at the time prescribed to his appointed place of duty x 5 (091030), (090909), (090914), (090917), (090919); reduction to E-2 (suspended), forfeiture of $389 pay x 1, extra duty for 5 days and an oral reprimand, (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: 080813    Current ENL Term: 04 Years  ?????
Current ENL Service: 	01  Yrs, 06  Mos, 20  Days ?????
Total Service:  		01  Yrs, 06  Mos, 20  Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 42F10 Human Resources Information System Management Spec   GT: 102   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (090115-100108)
Decorations/Awards: NDSM, ICM-W/CS, GWOTSM, ASR, OSR, MUC

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 6 May 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 receiving three Article 15s for failing to report and since the Article 15s his conduct has gotten worse, with a general, under honorable conditions discharge.  He was advised of his rights.
       
       On 7 May 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 service and waiver of further rehabilitative efforts.  
       
       On 12 May 2010, 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 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 the 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 applicant requested a change to the narrative reason for separation.  The narrative reason for separation is governed by specific directives.  The applicant was discharged under the provisions of Chapter 14, paragraph 14-12b, AR 635-200.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Pattern of Misconduct," the separation code is "JKA," and the reentry code is "RE 3."  
       
       
       Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28, separation code, entered in block 26, and RE Code, entered in block 27 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be entered under this regulation.
       
       The applicant contends his case was rushed and all facts were not taken into consideration.  The analyst found no evidence of arbitrary or capricious actions by the command.  The analyst 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 applicant further contends his medications made him late. The applicant bears the burden of the presentation of substantial and credible evidence to support his contention.  There is no evidence in the record, nor has the applicant provided any evidence, to support the contention that his medications made him late.  
       
       The applicant also contends being harassed by the NCO he was assigned to.  Although the applicant alleges that he was harassed during his military service, there is no evidence in his military records and the applicant has not provided sufficient evidence supporting this contention.  Therefore, this argument is not sufficient to support his request for an upgrade of his discharge.
       
       The applicant additionally contends he requested to be switched to different leadership but was constantly denied.  AR 635-200, paragraph 1-16d(2), entitled counseling and rehabilitative requirements states, that the rehabilitative requirements may be waived by the separation authority in circumstances where common sense and sound judgment indicate that such transfer will serve no useful purpose or produce a quality Soldier. 
       
       The applicant finally contends the military has made a big difference in his life.  The applicant is to be commended for his accomplishment.  However, this contention is not a matter on which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion relating to the discharge process nor is it associated with the discharge at the time of issuance.    
       
       The applicant desires to serve his country and fight to keep it safe.  At the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.”  If the applicant desires to reenlist, he should contact the local recruiter to determine his 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.
       
       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: 11 May 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: Online application, dated (110913); Memorandum, Chapter Proceedings, dated (100507); Chronological Record of Medical Care, two (2) pages, dated (090914); anda DD Form 214, dated (

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: None

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 AR20110022240
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