Applicant Name: ?????
Application Receipt Date: 2008/01/28 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 and attached document 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: 040621
Discharge Received: Date: 040719 Chapter: 13 AR: 635-200
Reason: Unsatisfactory Performance RE: SPD: JHJ Unit/Location: 164th MP Co, Fort Richardson, AK
Time Lost: None
Article 15s (Charges/Dates/Punishment): 040406, failure to report x 3 (040301), (040227) and 040112); and disobeyed lawful order from a SSG (040105), reduction to E-1, forfeiture of $278, extra duty for 14 days and restriction for 14 days (CG).
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 22
Current ENL Date: 030408 Current ENL Term: 4 Years ?????
Current ENL Service: 01 Yrs, 03Mos, 12Days ?????
Total Service: 01 Yrs, 03Mos, 12Days ?????
Previous Discharges: None
Highest Grade: E-2 Performance Ratings Available: Yes No
MOS: 92G10 Food Service Spec GT: 97 EDU: HS Grad Overseas: Alaska Combat: None
Decorations/Awards: NDSM, GWOTSM, ASR
V. Post-Discharge Activity
City, State: Lake Placid, FL
Post Service Accomplishments: None
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 7 June 2004, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 13, AR 635-200, by reason of unsatisfactory performance for failure of two record Army Physical Fitness Tests, a pattern of disobeying orders, insubordination, and failure 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 submitted a statement in his own behalf. The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts. On 25 June 2004, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a general, under honorable conditions discharge. The applicant was not transferred to the Individual Ready Reserve (IRR).
b. Legal Basis for Separation:
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory Soldier. Army policy states that a general discharge, under honorable conditions is normally considered appropriate, but an honorable discharge may be granted in meritorious cases.
c. Response to Issues, Recommendation and Rationale:
After a careful review of all the applicants military records during the period of enlistment under review, the issues and document he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. There was a full consideration of all faithful and honorable service as well as the incidents of unsatisfactory performance. The analyst determined that the applicants discharge was appropriate because the quality of his service was not consistent with the Armys standards for acceptable personal conduct and performance of duty by military personnel. By his unsatisfactory performance, the applicant diminished the quality of his service below that meriting a fully honorable characterization of service. Furthermore, the analyst noted the applicant's issue; however, eligibility for veteran's benefits to include educational benefits under the Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. 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: 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 applicants record of service during the period of enlistment under review and considering the analysts 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 AR20080001577
______________________________________________________________________________
Page 1 of 2 pages
ARMY | DRB | CY2007 | AR20070009663
Facts and Circumstances: The evidence of record shows that on 22 May 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 11, AR 635-200, by reason of entry level performance and conduct for lack of motivation, with an uncharacterized discharge. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicants military records during the period of enlistment under review documents, and the issues...
ARMY | DRB | CY2008 | AR20080010977
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. On 25 March 2008, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. By abusing illegal drugs, the applicant knowingly risked a military career and diminished the quality of service below that meriting a fully...
ARMY | DRB | CY2008 | AR20080010825
Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on 4 October 1999, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 13, AR 635-200, by reason of unsatisfactory performance for consecutive failures of the Army Physical Fitness Test (APFT), with a general under honorable conditions discharge. Service of Soldiers separated because of unsatisfactory performance for failure of the Army Physical Fitness...
ARMY | DRB | CY2006 | AR20060009444
The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. Board Discussion, Determination, and Recommendation After carefully examining the applicants record of service during the period of enlistment under review and considering the analysts recommendation and rationale, the Board determined that the discharge was and is improper. Certification Signature and Date Approval...
ARMY | DRB | CY2008 | AR20080010845
Applicant Name: ????? By his unsatisfactory performance, the applicant diminished the quality of his service below that meriting a fully honorable characterization of service. Board Action Directed 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...
ARMY | DRB | CY2008 | AR20080015266
Applicant Name: ????? Discharge Under Review Unit CDR Recommended Discharge: NIF Date: NIF Discharge Received: Date: 060427 Chapter: 13 AR: 135-178 Reason: Unsatisfactory Participation in the Ready Reserve RE: SPD: NIF Unit/Location: HHC, 367th Engineer Bn, St. 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.
ARMY | DRB | CY2008 | AR20080011280
The applicant consulted with legal counsel, was advised of the impact of the discharge action, waived his right to an administrative separation board, and did not submit a statement in his own behalf. Board Discussion, Determination, and Recommendation After carefully examining the applicants record of service during the period of enlistment under review and considering the analysts recommendation and rationale, the Board determined that the discharge was both proper and equitable and...
ARMY | DRB | CY2009 | AR20090002545
Facts and Circumstances: The evidence of record shows that on 10 April 2008, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 11, AR 635-200, by reason of entry level performance and conduct for his inability to adapt to military service, with an uncharacterized discharge. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicants military records during the period of enlistment under review...
ARMY | DRB | CY2006 | AR20060010082
Facts and Circumstances: The evidence of record shows that on 14 October 2004, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l3, AR 635-200, by reason of unsatisfactory performance (despite numerous counselings, both written and verbal, she continue to show lack of respect to both commissioned and noncommissioned officers, she repeatedly failed to follow instruction from supervisors and accept responsibility for her actions),...
ARMY | DRB | CY2009 | AR20090003704
The DD Form 214 indicates that she was discharged under the provisions of Chapter 11, AR 635-200, by reason of entry level performance and conduct, with an uncharacterized separation of service. If the applicant desires to appear before a personal appearance Board, the burden of proof remains with the former Soldier to provide the appropriate documents or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Boards...