Applicant Name:  ?????

Application Receipt Date: 2011/11/11	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 young and inexperienced when he enlisted in the military.  He further contends he is a responsible, dedicated and hard working individual, always aiming to achieve every goal that he set for himself, family oriented, and disciplined, organized, always being an example to others. 

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: 040710
Discharge Received: 			   Date: 040929   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: Hqs & A Co, 325th Fwd Spt Bn, APO AE 09355 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 040805, failed to obey a lawful general order by wrongfully having sexual intercourse with PFC LNG (040624); and willfully disobeyed a lawful order from a LTC (040624); reduction to  E-1, forfeiture of $596 pay x 2 months (suspended) and extra duty for 45 days, (FG). 

040610, without authority, failed to go at the time prescribed to his apointed place of duty (040602); and willfully disobeyed a noncommissioned officer x 2 (CPL) (040602), (SGT) (040602); reduction to  E-3, forfeiture of $348 pay, extra duty for 14 days and restriction for 14 days, (CG). 

040109, being disrespectful in language toward a noncommissioned officer (SSG) (031112); extra duty for 14 days (suspended), (Summarized).

030402, failed to obey a lawful general regulation by wrongfully consuming alcoholic beverages underage (030322); reduction to  E-1, forfeiture of $269 pay (suspended), extra duty for 14 days 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: 020430    Current ENL Term: 04 Years  ?????
Current ENL Service: 	02  Yrs, 05  Mos, 00 Days ?????
Total Service:  		02  Yrs, 05  Mos, 00 Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 92A10 Automated Logistical Spec   GT: 94   EDU: HS Grad   Overseas: Hawaii/Southwest Asia   Combat: Afghanistan (040409-040803)
Decorations/Awards: NDSM, GWOTEM, GWOTSM, ASR, OSR 

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: The applicant stated he is employed as a mechanic on Fort Hood. 
VI.  Facts, Circumstances, and Legal Basis for Separation
       a.  Facts and Circumstances:
       The evidence of record shows that on 10 July 2004, 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 a pattern of misconduct for willfully disobeying a lawful general order and a lawful order (040624); failing to report and failing to obey two (2) noncommissioned officers (040602); being disrespectful towards an NCO (031112); making false official statements (030416); failing to obey a lawful general regulation (030322); and failing to obey the traffic laws at Schofield Barracks (030220),  with a general, under honorable conditions discharge.  He was advised of his rights.
       
       On 10 July 2004, the applicant waived 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 service 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 21 July 2004, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.
       
       The applicant's record contains a General Officer Memorandum of Reprimand (GOMOR), dated 31 March 2003, for driving with a blood alcohol content (bac) of .047%, crashing his vehicle into a light pole and underage drinking (Administrative).

       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 contends being young and inexperienced when he enlisted in the military.  The applicant met entrance qualification standards to include age.  There is no evidence that the applicant was any less mature than other Soldiers of the same age who successfully completed military service.
       
       The applicant further contends he is a responsible, dedicated and hard working individual, always aiming to achieve every goal that he set for himself, family oriented, and disciplined, organized, always being an example to others.  The applicant is to be commended for his effort.  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.  
       
       Therefore, the analyst determined that 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: DD Form 149, dated (111111); Self-Authored Statement, dated (111107); Resume, three (3) pages; two (2) Letters of Recommendation, dated (111108), undated; and a Character Statement, undated. 

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 AR20110023496
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