Applicant Name:  ?????

Application Receipt Date: 2008/01/18	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The Applicant states in effect:  "I feel that I was unjustly discharged. I served my contract obligation in full. All three years of it. I served in two countries and a foreign conflict in Iraq. I was in the initial invasion force with the Third Brigade. I am proud of my service. I never once failed to follow an order, in direct or direct. When I came back from the conflict my wife left me and took my first born child with her, who was born while I was in Iraq fighting a war. I admit I made some mistakes because of that but, not to the degree that I should be discharged (on my initial E.T.S. date) in an other than honorable fashion. I was going through alot. If anything I needed help/counseling. I became an alcoholic. I was alone so I acted out. It's not an excuse, just the truth. I take full responsibility for the things that happend, but I do feel that the actions taken against me where unjust and unfair. I have since then rehabilitated completely. I now have custody of both of my children. I am raising them by myself. I am living by the army values even though I am not a soldier any more. I have stood up and taken responibilty for my mistake. All I'm asking is for the same in return. I feel my unit "dropped the ball" with me. I needed help. I found it on my own. I just want to be able to be pround of my service and as long as I have this "other than honorable" on my DD-214 I can't be. I come from a long line of soldiers who fought. I'm ashamed to tell them. It burns a whole in me. I believe you see how important this is to me. I served my country proudly. Please review this decision. Thank you for your time. I really appreciate it."

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: 031215
Discharge Received: 			   Date: 040211   Chapter: 14-12b       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKA   Unit/Location: B Co, 2-69 Armor Bn (Rear), Fort Benning, GA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 031118, under age drinking (031106), forfeiture of $576 x 2, 45 days extra duty and restriction (FG)

031030, failure to report x 3 (030825, 030924, 030930), forfeiture of $268, 14 days of extra duty and restriction (CG)

020814, under age drinking (020808), 14 days extra duty and restriction (Summarized)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  17
Current ENL Date: 010212    Current ENL Term: 3 Years  DD 214 incorrectly states date of entry as 010214
Current ENL Service: 	03 Yrs, 00Mos, 00Days DD 214 incorrectly states 02 yrs, 11 months, 28 days
Total Service:  		03 Yrs, 00Mos, 00Days ?????
Previous Discharges: 	None
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: 19K10/Armor Crewman   GT: 112   EDU: GED   Overseas: Kosovo, Iraq   Combat: Iraq (dates NIF)
Decorations/Awards: NDSM, ASR


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

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 15 December 2003, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of pattern of misconduct—for having received a Field Grade Article 15 for disobeying lawful orders from NCOs, for being disrespectful in language to NCOs, for wrongfuly communicating a threat to NCOs, and for failure to report on two occasions, 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 24 January 2004, 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.  Before initiating action to separate the applicant, the command ensured the applicant was appropriately counseled about the deficiencies, which could lead to separation.  The record shows the applicant was referred to the Army Substance Abuse Program in August of 2002.  Furthermore, the evidence of record shows that the command attempted to assist the applicant in performing and conducting himself to Army standards by providing counseling and by the imposition of non-judicial punishment.  The applicant failed to respond appropriately to these efforts.  The command made an assessment of the applicant's potential for becoming a fully satisfactory soldier.  The evidence of record established that the applicant was afforded a reasonable opportunity to overcome the noted deficiencies.  As the applicant did not subsequently conform to required standards of discipline and performance, the command appropriately determined the applicant did not demonstrate the potential for further military service.  Additionally, the applicant had many legitimate avenues through which to obtain assistance or relief, without committing the misconduct, which led to the separation action under review.  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: 21 November 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 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 AR20080001245
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