Applicant Name:  ?????

Application Receipt Date: 2011/11/29	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "I am requesting the change due to my Military performance with reference to my many years of good conduct in a time of war.  I bravely and honorably served 4 years 2 months and 12 days but I had a few mental health issues upon my return from my second deployment which lead to some uncharacteristic choices at Fort Carson.  Since returning home to Texas, I have been working with a local Oil distribution company for over a year and without any disciplinary issues whatsoever.  I have not been in any legal trouble whatsoever.  I am enrolled in College.  I have worked as a volunteer for a few local groups as well as with my Church.  I am a good person and feel I will have more opportunities with a discharge characterization revision.  I am and will always be proud to have served my Country as an Infantryman and would hope the Board will consider my change request.  I sincerely thank the Board for Its consideration."

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: 091020
Discharge Received: 			   Date: 091112   Chapter: 14-12b     AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: Company A, 1st Battalion, 8th Infantry Regiment, 3d Brigade Combat Team, 4th Infantry Division (Mechanized), Fort Carson, Colorado 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 090804, without authority, failed to go at the time prescribed to his appointed place of duty (090610); did treat with contempt, SSG N, by throwing his beret in the air while saying “Fuck this shit, I’m done” (090610); wrongfully communicated to SSG N and SFC T a threat to injure them by having his father and another family member come to Fort Carson to kick their ass (090610); reduction to E-1; forfeiture of $699 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: 080229    Current ENL Term: 5 Years  ?????
Current ENL Service: 	1  Yrs, 8 Mos, 13 Days ?????
Total Service:  		4  Yrs, 2 Mos, 12 Days ?????
Previous Discharges: 	RA 050901 - 080228/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 11B10 Infantryman   GT: 81   EDU: HS Grad   Overseas: SWA   Combat: Iraq (060301 - 061130) and (071201 - 090228)
Decorations/Awards: ARCOM, AGCM, NDSM, ICM w/CSx2, GWOTSM, ASR, OSR x 2, 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 20 October 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- pattern of misconduct for threatening the lives of three noncommissioned officers, failing to report on two occasions, and treating a noncommissioned officer with contempt, with a general, under honorable conditions discharge.  He was advised of his rights.
         
       On 22 October 2009, the applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an Administrative Separation Board contingent upon him receiving a characterization of service no less favorable than general, under honorable conditions 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 26 October 2009, the separation authority approved the conditional waiver request, waived further rehabilitation and directed the applicant's discharge with a characterization of service of general, under honorable conditions.
       
       The record contains a military police report dated, 30 August 2009.

       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 available military records, 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 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.  
       
        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 documented actions under Article 15 of the Uniformed Code of Military Justice.
       
        The analyst acknowledges the applicant's successful transition to civilian life and noted the many accomplishments outlined with the application.  However, in review of the applicant’s entire service record, the analyst found that these accomplishments did not overcome the reason for discharge and characterization of service granted.  Further, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  
       
        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 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 AR20110023883
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