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, the discharge was inequitable because it was based on patterns of misconduct.  He received two Article 15s for minor infractions and a third Article 15 for violating a no contact order.

One Article 15 was given to him when he left school to retrieve his house hold goods from government housing.  He was not properly informed and his property had been moved out of his barracks room without permission.  

During the last six months of his enlistment he was given an Article 15 for violating a no contact order when his fiancé knocked on his door late Saturday night and he talked to her at his door.  When the commander found out he was immediately punished without an opportunity to appeal.  His fiancé was only counseled.

He was singled out due to his post deployment anxiety and depression and the appointments he incurred.  His room was inspected daily and he was given several breathalyzer tests and passed them with no alcohol in his system.  His leadership told him he didn’t deserve to receive benefits from the Army.  When he got married his commander remarked that he wished he didn’t have sign the paper work for him to receive BAH or BAS and would taunt him during combative training offering to try and fight him.

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: 090331
Discharge Received: 			   Date: 090608   Chapter: 14-12b     AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: Bravo Company, 21st Combat Support Hospital, 1st Medical Brigade, Fort Hood, Texas  

Time Lost: None

Article 15s (Charges/Dates/Punishment): 090130, failed to obey a lawful order issued by 1LT K, to have no contact with PFC L (090121 - 090126); reduction to E-3; forfeiture of $400.00 per month, suspended, to be automatically remitted if not vacated before (090801); extra duty for 14 days; and restriction for 14 days; (CG).

080211, failed to go to his appointed place of duty, 0730 hours JBAIDS training; extra duty for 14 days; (CG).

070815, drunk on duty (70709); failed to go to his appointed place of duty (x2); reduction to E-3; suspended, to be automatically remitted if not vacated before (071118); forfeiture of $403.00 per month, suspended, to be automatically remitted if not vacated before (071118);extra duty for 14 days; and restriction to the limits of Fort Hood, TX, for 14 days, suspended, to be automatically remitted if not vacated before (071118); (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: 040818    Current ENL Term: 5 Years  ?????
Current ENL Service: 	4  Yrs, 9 Mos, 21 Days ?????
Total Service:  		4  Yrs, 9 Mos, 21 Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 68K10 Medical Laboratory Specialist   GT: 117   EDU: HS Grad   Overseas: SWA   Combat: Iraq (060412 - 070423)
Decorations/Awards: AGCM, NDSM, GWOTSM, ICM w/ CS, ASR, OSR, MUC

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 31 March 2009, 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 misconduct, for the following: (a)  receiving a Company Grade Article 15 (090130) for violation of Article 92, UCMJ, failure to obey a order or regulation. The punishment consisted of reduction to E-3; forfeiture of $400.00 per month, suspended, to be automatically remitted if not vacated before (090801); extra duty for 14 days; and restriction for 14 days; (b)  receiving a Company Grade Article 15 (080211) for violation of Article 86, UCMJ, failing to go to appointed place of duty. The punishment consisted of extra duty for 14 days (c)  receiving a Company Grade Article 15 (070815) for violation of Article 112, UCMJ, drunk on duty, Article 86, UCMJ, failing to go to appointed place of duty (x2). The punishment consisted of: reduction to E-3 suspended, to be automatically remitted if not vacated before (071118); forfeiture of $403.00 per month, suspended, to be automatically remitted if not vacated before (071118); extra duty for 14 days; and restriction to the limits of Fort Hood, TX, for 14 days, suspended, to be automatically remitted if not vacated before (071118) with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 7 April 2009, the applicant consulted with legal counsel, was advised of the impact of the discharge action, unconditionally waived his right to an administrative separation board (was not entitled) and submitted 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.  
       
       The separation authority waived further rehabilitative efforts 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 the applicant’s military records, the issue and documents submitted with the application, the analyst recommends to the Board that the applicant’s characterization of service be upgraded to fully honorable.  
       
       This recommendation was made after full consideration of his faithful and honorable service, as well as the applicant’s record of misconduct.  The evidence in this case supports a conclusion that the applicant’s characterization of service was too harsh, and as a result it is inequitable.
       
       While the applicant's misconduct is not condoned, the overall length, four years, nine months and twenty-one days, of a five year enlistment and quality of the applicant's service, to include his combat service mitigated the discrediting entries in his service record.  
       
       Accordingly, the analyst recommends that the applicant’s characterization of service be upgraded to fully honorable.  However, the analyst determined the reason for discharge was fully supported by the record and therefore, remains both proper and equitable.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 18 May 2012         Location: Washington, D. C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: DD Form 293 and a DD Form 214

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:




ARCHIE L. DAVIS III
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 AR20110023739
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