Applicant Name: ?????
Application Receipt Date: 080317 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See 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: 061213
Discharge Received: Date: 070320 Chapter: 14-12B AR: 635-200
Reason: Pattern of Misconduct RE: SPD: JKA Unit/Location: A Co., 864th EN BN, Fort Lewis, WA
Time Lost: Confinement for 21 days.
Article 15s (Charges/Dates/Punishment): 061121, for two violations of a lawful general regulation by using a Government charge card to pay for personal expenses (060816 & 060927), and failure to go to appointed place of duty x3 (061017, 061024, and 061106), reduction to E1, forfeiture of $636.00 for two months (suspended), and extra duty for 45 days (FG).
050307, for failure to go to appointed place of duty (050125), and disobeying a lawful order from a senior noncommissioned officer (050412), reduction to E3 (suspended), forfeiture $1151.00 for one month, and confinement for 21 days (CG).
050424, suspended sentence of reduction to E3 was vacated for disobeying a lawful order from an NCO.
Courts-Martial (Charges/Dates/Punishment): 040709, SCM, for wrongfully attempting to ship out of the USCENTCOM AOR an AK-47 rifle and a Sarnozariadnyia Karabina Simonova (SKS) rifle for personal retention (040117),forfeiture of $1151 for one month, and confinement for 21 days.
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 22
Current ENL Date: 030927 Current ENL Term: 04 Years ?????
Current ENL Service: 03 Yrs, 05Mos, 23Days ?????
Total Service: 05 Yrs, 10Mos, 20Days ?????
Previous Discharges: NGR-990716-010411/HD
IADT-991101-000322/UNC
RA-010412-030926/HD
Highest Grade: E4 Performance Ratings Available: Yes No
MOS: 21E Hvy Const Equip Oper GT: 107 EDU: GED Overseas: SWA Combat: Iraq (030318-040219), Afghanistan (050319-060328)
Decorations/Awards: NDSM, ACM, GWOTSM, ICM, ASR, OSR x2.
V. Post-Discharge Activity
City, State: Snowflake, AZ
Post Service Accomplishments: Not Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
Evidence of record shows that on 13 December 2006, 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 misconductfor disobeying an order from a senior noncommissioned officer, wrongfully using Government charge card to pay for personal expenses, and failing to go to his appointed place of duty x 21 (040914, 041001, 041005, 041018, 061024, 041106, 041129, 041201, 041203, 041208, 041216, 050125, 060116, 060510, 060515, 060719, 060721, 060808, 060928, 061017, and 061122), with a general, under honorable discharge. He was advised of his rights. The applicant consulted with legal counsel, was advised of the impact of the discharge action, waived his right to an Administrative Separation Board conditionally upon receiving a discharge no less favorable than general, under honorable conditions, 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 discharge. On 23 January 2007, 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 applicants military records, and the issue he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The applicants 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 applicants 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: 16 January 2009 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
X. Board Action Directed 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 AR20080004270
______________________________________________________________________________
Page 1 of 3 pages
ARMY | DRB | CY2009 | AR20090006365
Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on 13 May 2008, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 12b, AR 635-200, by pattern of misconduct for derelict in his duty x2 on (060817 and 061018), disobeyed a lawful order x3 on (061024, 061013, and 080207) and failed to go at the time prescribed to your appointed place of duty x3 (071210, 080205 and 080211) and operated a...
ARMY | DRB | CY2008 | AR20080011587
Applicant Name: ????? The analyst also noted the evidence of record established that the applicant's misconduct began before his deployment to Iraq. 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.
ARMY | DRB | CY2009 | AR20090006838
Applicant Name: ????? The applicant consulted with legal counsel, was advised of the impact of the discharge action waived his right to an administrative separation board, and submitted a statement in his own behalf. On 16 November 2005, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions.
ARMY | DRB | CY2008 | AR20080015113
Applicant Name: ????? On 8 February 2007, the separation authority approved the conditional waiver request, waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. 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: NA ARMY DISCHARGE REVIEW BOARD -...
ARMY | DRB | CY2008 | AR20080000277
Applicant Name: ????? Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a discharge for the good of the service in lieu of trial by court-martial. It is also noted that the characterization of service for this type of discharge is normally under other than honorable conditions and that the applicant was aware of that prior to requesting...
ARMY | DRB | CY2008 | AR20080016831
Applicant Name: ????? 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. 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: NA ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number...
ARMY | DRB | CY2010 | AR20100011209
Applicant Name: ????? On 1 March 2007, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. The evidence of record shows that the applicant was informed of his right to consult with legal counsel and on 1 March 2007, according to his election of rights document in his official military personnel record (OMPF) regarding his separation under the provisions of...
ARMY | DRB | CY2008 | AR20080004075
Applicant Name: ????? On 6 September 2007, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general under honorable conditions. Board Action Directed 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...
ARMY | DRB | CY2007 | AR20070018783
Applicant Name: ????? Facts and Circumstances: Evidence of record shows that on 23 September 2006, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconductpattern of misconduct in that you wrongfully drove in a reckless manner (060310), assaulted a female (060310), and assaulted a PVT (E-2) (060310), broke restriction (060723), disobeyed a SGT x 2 (060912), (060913), and wrongfully fell asleep while...
ARMY | DRB | CY2010 | AR20100000572
Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on 30 April 2008, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, by reason of misconductfor multiple Articles 15 and failure to respond to counseling statements demonstrating his inability to rehabilitate, with a general, under honorable conditions discharge. On 12 May 2008, the separation authority waived further...