Applicant Name:  ?????

Application Receipt Date: 2011/11/16	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states: "I REQUEST THAT THE REASON FOR DISCHARGE BE CHANGED FROM PATTERNS OF MISCONDUCT SO THAT I WILL BE ABLE TO RE-ENLIST AND SERVE OUR NATION AGAIN. I DO REALIZE THAT I MADE MISTAKES IN MY PREVIOUS ENLISTMENT THAT I SHOULDNT HAVE WHILE I WAS GOING THROUGH PROBLEMS IN MY MARRIAGE. ALL I REALLY WANT IS A CHANCE TO CORRECT THE ERRORS I MADE THEN AND TURN IT INTO WHAT I HOPE TO BE A CAREER IN OUR NATIONS SERV!CE. I BELIEVE MY CURRENT RECORD’S DISCHARGE WAS UNJUST, BECAUSE MOST OF THE SMALL PROBLEMS THAT LED TO MY DISCHARGE WOULD POSSIBLY NOT HAVE HAPPENED AT ALL IF MY LEADERSHIP WHILE DEPLOYED TO IRAQ WOULD HAVE GRANTED ME THE PERMISSION TO SEEK COUNSELLING FROM OUR CHAPLAIN THAT I REQUESTED WHEN I WAS HAVING CHRONIC INSOMNIA AMONG OTHER PROBLEMS WHEN MY MARRIAGE BEGAN TO FAIL. I WAS ALSO NOT ALLOWED MANY OF THE PRIVELEDGES MY FELLOW SOLDIERS WERE ALLOWED SO FREQUENTLY, AND I RECEIVED PUNISHMENT MORE HARSH
THAN MY FELLOW SOLDIERS FOR THE SAME MISTAKES."

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: 101018
Discharge Received: 			   Date: 101213   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: HHC, 2/16th, Fort Riley, KS 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 091227, Failure to go at the time prescribed to his appointed place of duty x 4 (091023, 091031, 091103, and 091123), reduction to E2; forfeitrue of $366.00 pay per month for one month; extra duty for 14 days; and restriction for 14 days, (CG).

100206, Failure to go at the time prescribed to his appointed place of duty x 2 (100109 and 100112) and dereliction of duty (100114), reduction to E1; forfeiture of $723.00 pay per month for two months; extra duty for 45 days; and restriction for 45 days, (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: 080327    Current ENL Term: 04 Years  17 Weeks
Current ENL Service: 	02 Yrs, 08  Mos, 17  Days ?????
Total Service:  		02 Yrs, 08  Mos, 17  Days ?????
Previous Discharges: 	None
Highest Grade: E3		Performance Ratings Available: Yes    No 
MOS: 13F10/Fire Support Specialist   GT: 125   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (090901-100522)
Decorations/Awards: NDSM, ICM-w/CS, GWOTSM, 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 18 October 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 being counseled on numerous occasions about his pattern of misconduct which ranged from failure to report on multiple occasions, dereliction of duty, and failure to obey a lawful written order, with a general, under honorable conditions discharge.  He was advised of his rights.
       
       On 19 October 2010, 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.  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 2 December 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 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 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 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. 
       
       Furthermore, the analyst concluded that the applicant committed many discrediting offenses, which constituted a departure from the standards of conduct expected of Soldiers in the Army.  Having examined all the circumstances, the analyst determined that the applicant’s numerous incidents of misconduct did indeed adversely affect the quality of service, brought discredit on the Army, and was prejudicial to good order and discipline.  These incidents of misconduct clearly diminished the quality of the applicant’s service below that meriting a fully honorable discharge.
       
       The evidence of record shows that the command attempted to assist the applicant in performing and conducting herself to Army standards by providing counseling and by the imposition of non-judicial punishment.  The applicant failed to respond appropriately to these efforts.
       
       
       
       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 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 "Misconduct (Serious Offense)," and the separation code is "JKA"  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 and separation code, entered in block 26 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 misconduct was due to problems in his marriage and chronic insomnia which he tried to seek help with, however, the applicant has not provided any documentation or further evidence in support of his contention.   Further, the analyst determined that the applicant had many legitimate avenues through which to obtain assistance or relief, without committing the misconduct, which led to the separation action under review.
       
       The analyst noted the applicant's issue about wanting to reenlist, 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.   
       
       In view of the foregoing, 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: 18 May 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 and DD Form 214 for the period of service under review.

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 AR20110022865
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