Applicant Name: ?????

Application Receipt Date: 2007/09/24	

Prior Review    Prior Review Date: None

I.  Applicant Request
Request:  Upgrade     Reason Change     RE Code Change    

Issues: The Applicant states that he served honorably his first 3-year enlistment, he was promoted to E-4, deployed to Iraq and was blessed in that he returned home alive.  He got mixed up with the wrong crowd and made some bad choices.  He lost his rank, his friends, his family, and his job as a consequence of these bad choices.  He wants a chance to serve again and needs his RE-3 changed so that he can rejoin immediately without having to wait the required two years.  His dad is not even talking to him anymore, he wants to be able to prove to him that he made a mistake and that he can still serve with honor.

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: 20 September 2006
Discharge Received:     Date: 25 October 2006   
Chapter: 14-12a    AR: 635-200
Reason: Misconduct (Minor Infractions)
RE:     SPD: JKN
Unit/Location: A Co, 1-14 IN, Schofield Bks, HI 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 000719, failure to report (060705), reduction to E-3, forfeiture of $394.00, 14 days extra duty (CG)

Court-Martials (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Year/Month:  8306  
HOR City, State: Brownwood, TX
Current ENL Date: 050407    Current ENL Term: 5 Years  ?????
Current ENL Service: 02 Yrs, 05Mos, 05Days ?????
Total Service:  04 Yrs, 01Mos, 27Days ?????
Previous Discharges: RA 020809-050406/HD
Highest Grade: E-4
Performance Ratings Available: Yes    No 
MOS: 11B10/Infantryman   GT: 115   EDU: HS Grad   Overseas: Hawaii, Iraq   Combat: Iraq (040111-050111)
Decorations/Awards: GCM, NDSM, GWOTEM, GWOTSM, ASR, OSR-2, CIB

V.  Post-Discharge Activity
Post Service Accomplishments: The applicant rejoined the Hawaii ARNG on 22 January 2008 for 3 years.

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The evidence of record shows that on 20 September 2006, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—for wrongfully disobeying the lawful order from a NCO and for lying to an NCO (060704), for failure to report and for disobeying a lawful order from a NCO (060705), for losing his ID card (060906), and for failure to report (060911), with a general under honorable conditions discharge.  He was advised of his rights.  On 21 September 2006, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement in his own behalf.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general under honorable conditions discharge.  The separation authority waived further rehabilitative efforts and directed that the applicant be discharged 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 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 he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  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.  Furthermore, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.”  If the applicant desires to reenlist, he should contact the local recruiter to determine his eligibility to reenlist.  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.  Therefore, the analyst determined that 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 July 2008              
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 0    No change 5   - Reason
					      (Board member names available upon request)

IX.  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.  

								        
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 July 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070013317
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