Applicant Name:  ?????

Application Receipt Date: 2011/11/21	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, he is writing to petition for an upgrade of his discharge from general, under honorable conditions to an honorable discharge.  He is hoping to receive an upgrade to his discharge, so that he may go further with the progress he has made in his life.  He has grown tremendously since his discharge.  While serving in the United States Army, he struggled with authority figures and often thought of himself before others.  He was often late to formations and was disrespectful to his commanding officers.  All these factors lead to his discharge.  In a way, he is thankful that he was discharged because he is now able to be around his family, but mostly because he needed to suffer the consequences of his actions.  Being out of the military has made him realize how good he had it in the Army.  The Army taught him that when he shows others respect, he is in turn showing himself respect.  This has become one of the highest priorities in his life and since he has placed more importance on showing others respect.   He also has also have a higher confidence in himself.  He has recently been accepted to the local community college. 

After being discharged from the Army, he moved to Washington to be with his girlfriend and their children.  Together they are raising our 5 children and working to improve their lives and the lives of their children.  He has discovered how wonderful a close relationship to the Lord can be and have engrossed himself in with his church and the support system that comes along with it. 

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: 100210
Discharge Received: 			   Date: 100224   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: 59th Quartermaster Company, 43rd STB, Fort Carson, CO 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 090715, failed to go to his appointed place of duty at the prescribe time on multiple occasions (090113 and 100119), reduction to E-2, forfeiture of $366.00 x 1 (suspended), and extra  duty for 14 days. (CG)

100105, left his sentinel post before being properly relieved (091004); and was disrespectful in deportment towards a noncommissioned officer (091121), reduced to E-1 and extra duty 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: 071107    Current ENL Term: 03 Years  23 weeks
Current ENL Service: 	02 Yrs, 03 Mos, 18 Days ?????
Total Service:  		02 Yrs, 03 Mos, 18 Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 92Y10 Unit Supply Specialist   GT: 101   EDU: GED   Overseas: None   Combat: None
Decorations/Awards: NDSM, GWOTSM, ASR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: Attending college

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 8 February 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 apprehended for underage drinking (080927); failing to go to his appointed place of duty at the prescribe time on multiple occasions (090113 and 100119); left his sentinel post before being properly relieved (091004); and was disrespectful in deportment towards a noncommissioned officer (091121), with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 9 February 2010, 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 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 10 February 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, and the issue 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 the former Soldier’s 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 that he is hoping to receive an upgrade to his discharge so that he may go further with the progress he has made in his life.   He has grown tremendously since his discharge.  The analyst noted 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.  Furthermore,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.  At the time of discharge the 



applicant was appropriately assigned a reentry (RE) code of “3.”  If reenlistment is desired, the applicant should contact the local recruiter to determine eligibility to reenlist.  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.

       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.  
       
       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: 18 March 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293; DD Form 214; a self-authored statement, dated 13 October 2011; and four character reference statements with various dates






























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: 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 AR20110023735
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