Applicant Name:  ?????

Application Receipt Date: 2007/12/06	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See enclosed DD Form 293 submitted by the applicant.

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: 061108
Discharge Received: 			   Date: 061215   Chapter: 14       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: Bravo Company, 168th Brigade Support Battalion, Fort Sill, OK 73503 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 060927, willfully disobeyed a lawful order from a SSG x 2, (060809) and (060808), forfeiture of $197.00 pay, of which, $100.00 pay is suspended, to be automatically remitted if not vacated on or before (060929), extra duty and restriction for 14 days (CG). 

060321, failed to go to your appointed place of duty x 6, (060227), (060213), (060210), (060208), (060117), (060109), reduction to E-1, forfeiture of $278.00 pay per month for one month, extra duty and restriction for 14 days (CG).  

051222, failed to go to your appointed place of duty x 10, (051130), (051129), (051121), (051110), (051110), (051109), (051027), (051019), (051018), (051013), and willfully disobeyed a lawful order from a SGT (051031), reduction to E-2, forfeiture of $323.00, suspended to be automatically remitted if not vacated before (060220) and extra duty for 14 days (CG). 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 040302    Current ENL Term: 3 Years  ?????
Current ENL Service: 	2 Yrs, 9 Mos, 14 Days ?????
Total Service:  		2 Yrs, 9 Mos, 14 Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 63H10 Tracked Vehicle Mech   GT: 106   EDU: GED Certif   Overseas: Korea   Combat: None
Decorations/Awards: NDSM, GWOTSM, KDSM, 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 30 October 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—pattern of misconduct in that you (repeatedly failed to report, failed to obey your noncommissioned officers, you received a Company Grade Article 15 for multiple failures to obey, again you received a Company Grade Article 15 for repeatedly failing to report, and received another Company Grade Article 15 for repeatedly failing to report) with a general, under honorable conditions discharge.  He was advised of his rights.  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 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.  On 8 December 2006, 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, the analyst noted the applicant's issue; however, the record does not support the applicant’s contention, 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: 10 October 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 1    No change 4
Reason -     Change 0    No change 5
(Board member names available upon request)
								         EDGAR J. YANGER			 
								         Colonel, U.S. Army
								         President, Army Discharge Review Board
Issue a new DD Form 214  					
Change Characterization to: 			         
Change Reason to: NA
Other: NA										
RE Code: 									 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070017832
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