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, in effect, that he is requesting an upgrade because he was defending himself against a group of Soldiers who attacked him on several occasions.  He tried to address the problem by going through his chain of command.  When he received no support from his chain of command he then tried to handle it on a personal basis.  His career was ended; although, he is innocent of all accusations except for possession of tobacco.

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: 100715
Discharge Received: 			   Date: 100805   Chapter: 14-12b     AR: 635-200
Reason: Pattern Of Misconduct 	   RE:     SPD: JKA   Unit/Location: HHC, 46th Adjutant General Battalion (Reception), 194th Armored Brigade, Fort Knox, Kentucky  

Time Lost: None

Article 15s (Charges/Dates/Punishment): 100611, derelict in the performance of his duties on separate occasions in that he willfully failed to clean the barracks, as it was his duty to do (100531); wrongfully used provoking actions by moving some of his platoon mates TA-50 so that it looked like they did not have it anymore (100531); assaulted PV2 DS, by pushing him and punching him while arguing over a paintball being thrown at one another (100524); assaulted PVT SF, by charging at him and pushing him while attempting to grab his weapon (100525);  forfeiture of $312.00; extra duty for 14 days; restriction for 14 days; (CG).

100701, failed to obey a lawful policy, by wrongfully possessing and smoking cigarettes in the barracks without proper authorization (100616); forfeiture of $723.00 per month for 2 months; extra duty for 14 days; restriction for 14 days; (FG).

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  21
Current ENL Date: 100208    Current ENL Term: 3  Years  17 Weeks
Current ENL Service: 	0 Yrs, 5 Mos, 28 Days ?????
Total Service:  		0 Yrs, 5 Mos, 28 Days ?????
Previous Discharges: 	None
Highest Grade: E-1		Performance Ratings Available: Yes    No 
MOS: None   GT: 96   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM

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 15 July 2010, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-b, AR 635-200, by reason of a pattern of misconduct—for having been involved in numerous incidents of misconduct in which he violated multiple UCMJ statutes.  He received a Company Grade Article 15 and a Field Grade Article 15.  He disobeyed several direct orders given by the commander personally.  His complete lack of maturity and failure to perform as a productive member of the United States Army could no longer be tolerated.  Required rehabilitative efforts were made.  The applicant’s actions substantiated his lack of potential for continued Army service, and rehabilitation efforts were no longer practical.  The applicant assaulted PVT S by pushing him and punching him while arguing over a paintball being thrown at one another (100524); assaulted PVT F by charging at him and pushing him while attempting to grab his weapon (100525); assaulted PVT MJ by punching him in the back of the head and face (100706); failed to clean his barracks on separate occasions; used provoking actions toward other IET Soldiers and possessed and smoked cigarettes in the barracks,, with an entry level separation, (uncharacertized).  He was advised of his rights.  
       
       On 20 July 2010, 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 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 4 August 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 for the period of enlistment under review and the issue and documents he submitted, the analyst determined that the characterization of service is improper.  
       
       The analyst noted that the applicant was separated under the provisions of Chapter 14, paragraph 14-12a, AR 635-200, by reason of a minor disciplinary infractions, with a general, under honorable conditions discharge.  However, Army Regulation 635-200, paragraph 14-3, stipulates that if a discharge under other than honorable conditions is not warranted for a Soldier in entry-level status, then the characterization will be described as uncharacterized.  The record indicates that at the time the unit commander notified the applicant of initiation of discharge proceedings, the applicant had served less than 180 days and as such he was still in entry-level status.
       
       In view of the foregoing, the analyst recommends to the Board to grant relief in the form of an upgrade of the characterization of service to uncharacterized.  Further, the analyst noted that the applicant, while in entry-level status, was discharged under the provisions of Chapter 14-12a, AR 635-200 for misconduct.  The policy as stipulated in AR 635-200, paragraph 3-9, mandates that a Soldier in entry level status will not be separated for misconduct unless an under other than honorable conditions discharge is appropriate.  Instead, the regulation stipulates that the Soldier will be separated under the provisions of Chapter 11, Entry Level Performance and Conduct, with service uncharacterized.  The applicant received a general, under honorable conditions discharge.
       
       In view of the foregoing, the analyst recommends to the Board that the applicant's characterization of service be changed to uncharacterized and the reason for discharge be also changed to "Entry-Level Performance and Conduct," under the provisions of "Chapter 11, AR 635-200," with a corresponding separation (SPD) code of "JGA."

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, letter addressed to Senator KB, DA Form 4856, DA Form 2627  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 applicant’s characterization of service was improper and the reason for his discharge is inequitable because an inappropriate Chapter was used to separate him.  The Board directed that the applicant's characterization of service be changed to "Uncharacterized," and the reason for the discharge also be changed to "Entry-Level Performance and Conduct," under the provisions of "Chapter 11, AR 635-200" with a corresponding separation (SPD) code of "JGA."






























        
IX.  Board Decision						
Board Vote:
Character - Change 5    No change 0
Reason -     Change 5    No change 0
(Board member names available upon request)

X.  Board Action Directed
Issue a new DD Form 214  
Change Characterization to: 
Change Reason to: Chapter 11, AR 635-200, Entry-Level Performance and Conduct
Other: (SPD) code of JGA
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 AR20110023950
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