Applicant Name:  ?????

Application Receipt Date: 2007/12/21	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states: "during my time in the Army until I went to Korea I was an exceptional soldier. I was excited about the prospects of the Army. I arrived at A.I.T. in Ft. Rucker in 1991 or 92. I completed my A.I.T. with very high marks. I also graduated with Honors. I was sent to Korea after that. When stationed at Camp Humphreys in South Korea my boss was Master Sgt. R C. He immediately hated me because he was formally from Ft. Rucker. I found out that he was removed from Ft. Rucker for having an inappropriate relationship with a recruit during her A.I.T. The person that turned him in was my A.I.T. instructor. She was a civilian, I can't remember her name. After he found out that I graduated from her class he did everything in his power to attack me. He handed out AR-15's like candy! No matter what I did he would find a way to give me an AR-15. He even gave me an AR-15 once for swearing.I believe that he focused his hate on me and was determined to get me out of the Army. I asked for permission to attend College while in Korea. He let me go to one class but he tried to force me to fail that class by giving me extra duty every day. He would constantly make me sign in to the Front desk Sgt every hour on the hour until a Major in our S-3 office heard that I took up the matter with the JAG. He thrteatened me daily. He would not allow me to attend church services. He physically pushed me around trying to get me in a fight. He humiliated me constantly. He gave me AR-15's for everything imaginable. He never allowed me to be promoted. Finally because I was not being promoted, and I was constantly getting AR-15 and losing money and rank I asked the Col. to release me from the Army. I feel that I was unjustly targeted, torchured, and humiliated. I feel that I did all that I physically could to serve my country. I feel like I withstood some serious mental abuse and physical abuse".

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: 930903
Discharge Received: 			   Date: 931027   Chapter: 14       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKN   Unit/Location: HHC, 2d Bn 501st Avn Rgt, APO Area Pacific 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 930810, failed to report to appointed place of duty (930804), forfeiture of $75.00 suspended if not vacated before 931012 and 60 days restriction (FG).  

930802, failed to report to appointed place of duty (930714, 930722 & 930728), reduction to PV1, forfeiture of $150.00, 21 days extra duty and 21 days restriction (FG).

940422, failed to report to appointed place of duty (940401 & 930407), reduction to PV1, forfeiture of $191.00, 14 days extra duty and 14 days restriction (CG). 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: 920408    Current ENL Term: 5 Years  ?????
Current ENL Service: 	1 Yrs, 06Mos, 20Days ?????
Total Service:  		1 Yrs, 06Mos, 20Days ?????
Previous Discharges: 	None
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: 93P10 Aviation Operations Specialist   GT: 107   EDU: 1 Semester College   Overseas: Korea   Combat: None
Decorations/Awards: ASR, NDSM, OSR

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

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 3 September 1993, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct (Minor Disciplinary Infractions), for failure to report to your appointed place of duty X 3 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 15 September 1993, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general under honorable conditions.
       
       A Bar to Reenlistment was served on 5 August 1993.

       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 found no evidence of arbitrary or capricious actions by the command.  The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  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: 24 October 2008         Location: Washington, D. C.

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			 
								         Colonel, U.S. Army
								         President, Army Discharge Review Board
Issue a new DD Form 214  					
Change Characterization to: 			         
Change Reason to: No Change
Other: NA										
RE Code: 									 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070018910
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