Applicant Name:  ?????

Application Receipt Date: 2008/01/25	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant submitted no issues of equity or propriety to be considered by the Board.

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: 050811
Discharge Received: 			   Date: 050902   Chapter: 14       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKA   Unit/Location: A Btry, 1-38 FA Bn, APO AP 96224 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 050802, uttered worthless checks to AAFES between (050415-050625), check #1001 for $65.40; check #1004 for $88.00; check #1007 for $101.17; check #1009 for $18.00; check #1012 for $50.00; check #1013 for $17.55; check #1016 for $300.00; check #1018 for $250.00; check #1019 for $1,372.95; check #1020 for $250.00; check #1021 for $251.35; check #1023 for $300.00 and check #1014 for $337.90, reduction to E-1, forfeiture of $617 x 2 (suspended), extra duty for 12 days and restriction for 12 days (FG).

041130, disrespectful in language towards a SFC (041022), and disobeyed a lawful order from a SFC (041022), reducion to E-2, forfeiture of $347 x 1 (suspended), restriction for 14 days and extra duty for 14 days (CG).

031215, failure to report (031109), and disobeyed a lawful order from a SGT (031102), reduction to E-1 (suspended), restriction for 14 days, extra duty for 14 days and an oral reprimand (FG).    


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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: 030324    Current ENL Term: 6 Years  ?????
Current ENL Service: 	02 Yrs, 05Mos, 09Days ?????
Total Service:  		02 Yrs, 05Mos, 09Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 13P10 MLRS Lance Ops Fire Direction Spec   GT: 105   EDU: HS Grad   Overseas: Korea   Combat: None
Decorations/Awards: NDSM, GWOTSM, KDSM, ASR

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


 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 11 August 2005, 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 for receiving a Company Grade Article 15 for failure to report and disobeying a lawful order from a NCO (031215); received a Company Grade Article 15 for being disrespectful and disobeying a  NCO (041130); received a Field Grade Article 15 for failing to maintain sufficient funds in his bank account to pay checks that were written; violated the rations limit for three (3) months and counseled numerous times for failure to meet the Army standards in physical training and weight control, with a general, under honorable conditions 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.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.  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, 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 during the period of enlistment under review, 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.  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: 19 November 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			 
								         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: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080001450
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