Applicant Name: ?????
Application Receipt Date: 071018 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: Honestly, I was to immature for the Army. I was 17 when I went in, I married 1 month before I went in, and my son was born while I was in basic training. I ended up being late alot because my ex-wife and I were arguing so much. That's pretty much it, I was late alot. What I've done since I got out has been a 180 degree turn.
II. Were Proper Discharge and Separation Authority procedures followed?
Tender Offer: No
See Attachments: Legal Medical Minority Opinion Exhibits
III. Discharge Under Review
Unit CDR Recommended Discharge: Date: 980807
Discharge Received: Date: 980904 Chapter: 13 AR: 635-200
Reason: Unsatisfactory Performance RE: SPD: JHJ Unit/Location: C Co, 35th Engr Bn, Fort Leonard Wood, MO
Time Lost: None
Article 15s (Charges/Dates/Punishment): 980701, failure to report (980629), forfeiture of $218 (suspended), 14 days restriction and 14 days extra duty (CG).
980705, suspension of punishment of forfeiture of $218 was vacated for new offense of failure to report.
980624, failure to report x 2 (980623) and (980624), 14 days extra duty (Summarized).
980310, failure to report x 2 (980226) and (980227), reduction to E-1 (suspended), forfeitire of 7 days pay (suspended) (CG).
980318, suspension of punishment of reduction to E-1 was vacated for new offense of failure to report.
980225, failure to report x 2 (9802200 and (980223), 7 days extra duty (Summarized).
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 18
Current ENL Date: 970707 Current ENL Term: 4 Years ?????
Current ENL Service: 01 Yrs, 01 Mos, 28 Days ?????
Total Service: 01 Yrs, 01 Mos, 28 Days ?????
Previous Discharges: None
Highest Grade: E-2 Performance Ratings Available: Yes No
MOS: 92Y10 Unit Supply Spec GT: 101 EDU: GED Cert Overseas: None Combat: None
Decorations/Awards: ASR
V. Post-Discharge Activity
City, State: Amarillo, TX
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 7 August 1998, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 13, AR 635-200, by reason of unsatisfactory performance for unwilling or unable to adjust to military life, lacks the motivation, self discipline, aptitude and desire to adjust to military life and has received numerous counseling and Article 15s, with an uncharacterized discharge. He was advised of his rights. The applicant waived 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 separation from the service and waiver of further rehabilitative efforts. On 12 August 1998, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a general, under honorable conditions discharge. The applicant was not transferred to the Individual Ready Reserve (IRR).
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 during the period of enlistment under review and the issues 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. Furthermore, the analyst noted the aplicant's issue and determined that he met entrance qualification standards to include age. There is no evidence that the applicant was any less mature than other Soldiers of the same age who successfully completed military service. In view of the foregoing, 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: 12 September 2008 Location: Washington, DC
Did the Applicant Testify? Yes No
Counsel: NA
Witnesses/Observers: NA
Exhibits Submitted: NA
VIII. 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.
IX. Board Decision
XI. Certification Signature
Board Vote: Approval Authority:
Character - Change 0 No change 5
Reason - Change 0 No change 5
(Board member names available upon request)
EDGAR J. YANGER
Issue a new DD Form 214 Colonel, U.S. Army
Change Characterization to: President, Army Discharge Review Board
Change Reason to:
Other: NA
RE Code:
Grade Restoration: No Yes Grade: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20070014985
______________________________________________________________________________
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