Application Receipt Date: 2006/10/19
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: Applicant states that he is now a student at the University of Phoenix, a full time employee at Walgreens, and an active reservist. He is proudly serving his country while working on his Bachelor of Arts in Criminal Justice. He states that he is having difficulties with the general discharge but that he is now in better shape and can pass the Army Physical Fitness Test (APFT).
II. Were Proper Discharge and Separation Authority procedures followed?
Yes No Tender Offer: ?????
See Attachments: Legal Medical Minority Opinion Exhibits
III. Original Character of Discharge
Unit CDR Recommended Discharge: Date: 020618
Discharge Received: Date: 020722
Chapter: 13 AR: 635-200
Reason: Unsatisfactory Performance
RE: SPD: LHJ
Unit/Location: 148th Military Police Co, Fort Carson, CO 80913
Time Lost: None
Article 15s (Charges/Dates/Punishment): 020222, failure to report for the scheduled APFT (020130), disobeying a lawful order from an NCO to make a call (011230), reduction to E-2, forfeiture of $289, extra duty for 14 days (CG)
011218, failure to report to remedial training (011212), 10 days extra duty (Summarized)
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
DOB: 800707
Current ENL Date: 000830 Current ENL Term: 5 Years ?????
Current ENL Service: 01 Yrs, 10 Mos, 23 Days ?????
Total Service: 01 Yrs, 10Mos, 23Days ?????
Previous Discharges: None
Highest Grade: E-3
Performance Ratings Available: Yes No
MOS: 95B10/Military Police GT: 100 EDU: HS Grad Overseas: None Combat: None
Decorations/Awards: ASR, NDSM
V. Post-Discharge Activity
Home of Record:
Current Address:
Post Service Accomplishments: Student at University of Phoenix, active reservist, Walgreen's employee.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 18 June 2002, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l3, AR 635-200, by reason of unsatisfactory performance, for failure to report for leave sign-out (020603), for failure to report for duty driver (020601), failure to report to the scheduled APFT (020130), disobeying a lawful order from an NCO (011230), failure to report for remedial physical training (011212), and for failing the APFT (011205) with a general under honorable conditions discharge. He was advised of his rights. On 18 June 2002, the applicant consulted with 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 waiver of further rehabilitative efforts. On 24 June 2002, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a general under honorable conditions discharge. The applicant was transferred to the U.S. Army Reserve Control Group at St. Louis, MO.
b. Legal Basis for Separation:
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory soldier. Army policy states that a general discharge, under honorable conditions is normally considered appropriate, but an honorable discharge may be granted in meritorious cases.
c. Response to Issues, Recommendation and Rationale:
After a careful review of all the applicants military records and the issue he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. There was a full consideration of all faithful and honorable service as well as the incidents of unsatisfactory performance. The analyst determined that the applicants discharge was appropriate because the quality of his service was not consistent with the Armys standards for acceptable personal conduct and performance of duty by military personnel. By his unsatisfactory performance, the applicant diminished the quality of his service below that meriting a fully honorable characterization of service. 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: 30 November 2007
Location: Washington, D.C.
Did the Applicant Testify? Yes No
Counsel: NA
Witnesses/Observers: NA
Exhibits Submitted: NA
VIII. Board Decision
The discharge was: Proper Improper
Equitable Inequitable
The characterization of service was: Proper Improper
Equitable Inequitable
The narrative reasons were: Equitable Inequitable
DRB voting record: Change 1 No change 4 - Character
Change 5 No change 0 - Reason
(Board member names available upon request)
IX. Board Discussion, Determination, and Recommendation
After carefully examining the applicants record of service during the period of enlistment under review and considering the analysts recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted to deny relief.
Case report reviewed and verified by: Alejandro Champin, Examiner
X. Board Action Directed
No Change
Issue a new DD Form 214
Change Characterization to:
Change Reason to: NA
Other: NA
RE Code:
Grade Restoration: No Yes Grade: NA
XI. Certification Signature and Date
Approval Authority:
MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board
Official:
CHRISTINE U. MARTINSON DATE: 30 November 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20060014815
Applicant Name: Mr.
______________________________________________________________________
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