Applicant Name:  ?????

Application Receipt Date: 071121	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he was told that he had a liver disease and it took a big toll on his life, so he was devastated. He never had this disease until he came in the Army. Also, he just found out that he has a tumor on the brain. The complete copy of the medical report the applicant referenced on his DD Form 293 is not attached; only page 4 of 8. 

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: 070703
Discharge Received: 			   Date: 070830   Chapter: 14       AR: 635-200
Reason: Pattern of misconduct	   RE:     SPD: JKA   Unit/Location: Company E, 1/8th Infantry Battalion, Fort Carson, CO 80913. 

Time Lost: AWOL x 1, for 42 days from (070710-070820). The applicant was apprehended by the civilian authorities.

Article 15s (Charges/Dates/Punishment): 070407, Failed to obey a lawful order x 2, issued by a SSG and a SGT (070319), (070321), with intent to deceive; made an official statement to a SSG, which was false (070320), disrespectful in deportment towards a SSG (070320), dereliction of duty x 2, (070319), and (070312), reduction to Private (E-1), forfeiture of $303.00, extra duty and restriction for 14 days (CG).

070424, Dereliction of duty (070403), failed to obey a lawful order issued by a MG (Policy Letter #26) x 2, on 
( 070401) and (070330), willfully disobeyed a lawful order from a CPT (070320), and with intent to deceive, made an official statement to the CQ Runner, which was false (070320), forfeiture of $650.00 pay per month for two months, suspended, to be automatically remitted if not vacated before 21 Oct 07, extra duty 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:  18
Current ENL Date: 060823    Current ENL Term: 4 Years  16 Weeks
Current ENL Service: 	0 Yrs, 10 Mos, 27 Days ?????
Total Service:  		0 Yrs, 10 Mos, 27 Days ?????
Previous Discharges: 	None
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: 21B10 Combat Engineer   GT: 90   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, GWOTSM, ASR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       Evidence of record shows that on 20 August 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—pattern of misconduct, in that you failed to report to formations, failed to obey orders and regulations, leaving your place of duty, insubordinate conduct towards a noncommissioned officer, AWOL from (070710-070715), breaking restriction, and received a Company Grade and Field Grade Article 15, and recommending that you received an under other than honorable conditions discharge.  He was advised of his rights.  On 3 July 2007, 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 a general, under honorable conditions discharge, and indicated that he would submit a statement no later than close of business 12 July 2007.  On 20 August 2007, the applicant again consulted with legal counsel and voluntarily and unconditionally waived consideration of his case by an administrative separation board 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.  The intermediate commanders reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge.  On 23 August 2007, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than honorable conditions. 
       
       The record contains a Civilian Police Report dated 25 July 2007.

       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, but a general discharge 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, the issue and document 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 or general 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, the analyst noted the applicant's issue; however, the record does not support the applicant’s issue, and no evidence to support it has been submitted by the applicant, that his discharge was the result of any medical condition.  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: 24 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 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						
	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: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070016824
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