Applicant Name:  ?????

Application Receipt Date: 2011/11/22	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states: "Served 3 years 1 month out of 3 years 18 weeks.  To support that had series of ucmj, but many positive counselings to follow each UCMJ action.  These article 15 level UCMJ actions were private level mistakes and only 1 action was repeated, and none were investigated in regard to witnesses or evidence in favor of defendant.  One of these mistakes above all others was what had initiated the chapter process, however the only thing i was at fault for was circumstances out of my power to control.  If I had different leadership at that point in time I would be in college now leading a life as a successful civilian and asset to the nation, rather than refusing jobs due to overqualification for the positions.  There are many who have made graver mistakes than I, many that were unbecoming of soldiers but were rewarded honorable discharges.

    When we all joined military we had not known what we were about to get ourselves into, or even realistically knew what our jobs really were until we were already facing the hard times.  I had joined a M.O.S. (19D) with little knowing of what this position had entailed, and what the title and resposibilites of this job offered was concrete with little to no opportunity of reclassification.  I am a capable competent person as I was a soldier in the beginning, and would have been a great soldier if i were wearing different boots however I faced myself with many mistakes due to professional incompatibility.  I am a civilian who deployed for 15 months; with 0 record of awol and minimal tardiness. I feel that i deserved punishment for every mistake I had recieved and deserved the time i spent in reprocussion of these actions, but I also feel that the terms I left the military in were deserving of good terms and opportunity for college, because I know i would not only excel in school but in the future corporate work force.  In conclusion of this I had mentioned before how i had served 3 years 1 month out of 3 years and 4 months; evidence of this is that there must have been a capable/hardworking soldier to make it the first 3 years.  In this appeal I am not only asking for terms of clemency, but opportunity for future full of difference and career not regret."

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: 081124
Discharge Received: 			   Date: 081231   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: HHC, 2/7th Inf, Fort Stewart, GA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 070731, Misbehavior of sentinel or lookout, reduction to E2 (suspended); forfeiture of $340.00 for one month; and extra duty for 14 days, (CG).

080111, Suspension of punishment of reduction to E2 was vacated for misbehavior of sentinel or lookout.

080806, Failure to report, reduction to E1 and forfeiture of $314.00 for one month (suspended); and extra duty and restriction 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: 051228    Current ENL Term: 03 Years  18 Weeks
Current ENL Service: 	03 Yrs, 00  Mos, 03  Days ?????
Total Service:  		03 Yrs, 00  Mos, 03  Days ?????
Previous Discharges: 	None
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 19D10/Cavalry Scout   GT: 111   EDU: GED   Overseas: Southwest Asia   Combat: Iraq (Period of service not found in the available records).
Decorations/Awards: ARCOM, 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 24 November 2008, 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 found sleeping while on guard duty in Iraq, several offenses of failing to report, being disrespectful to a noncommissioned officer, and failing to obey an order from a noncommissioned officer, with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 25 November 2008, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and indicated his intent to submit a statement in his behalf which was not found in the available records.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed discharge action and recommended approval with a general, under honorable conditions discharge.  
       
       On 15 December 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 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 he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  
       
       
       
       
       
       
       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.  
       
       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 analyst acknowledges the applicant’s in-service accomplishments and considered the quality of his service during the initial portion of the enlistment under review.  However, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge as shown by the repeated incidents of misconduct or by the multiple negative counseling statements, and the documented actions under Article 15 of the Uniformed Code of Military Justice.
       
       Furthermore, 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 Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  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.
       
       In view of the foregoing, the analyst determined that the characterization of service and reason for discharge to include the reentry eligibility code 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: 16 May 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: NA

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 AR20110023184
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