Applicant Name:  ?????

Application Receipt Date: 2008/03/31	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See enclosed 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: 060320
Discharge Received: 			   Date: 060406   Chapter: 14, Para 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: HQ & HQ Company, 1-3rd Brigade Troops Battalion, 1st Brigade Combat Team, 3rd Infantry Division, Fort Stewart, GA 31314 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 051218, Derelict in the performance of his duties, in that he willfully left his living quarters in an improper uniform, and left his weapon and IBA unsecured (051209); and with intent to deceive, made an official statement to a SFC, which was false (051209); no punishment was imposed, (Summarized)

050617, As a sentinel at guard tower #54, he was found sleeping upon his post (050611); reduction to Private (E-2); suspended, to be automatically remitted if not vacated before (050916); forfeiture of $346.00; and extra duty for 14 days (CG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 020418    Current ENL Term: 5 Years  ?????
Current ENL Service: 	3 Yrs, 11 Mos, 19 Days ?????
Total Service:  		3 Yrs, 11 Mos, 19 Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 31B10 Military Police   GT: 93   EDU: HS Grad   Overseas: Southwest Asia   Combat: Kuwait/Iraq (050107-060107)
Decorations/Awards: NDSM, GWOTSM, ASR, OSR (2), Iraq Campaign Medal

V.  Post-Discharge Activity
City, State:  ????
Post Service Accomplishments: The applicant joined the US Army Incentive Enlistment Program Req. Opt 175, MOS 89B1000YYon 29 May 2008, for 5 years, Fort Gillem, GA 30297-5000.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       Evidence of record shows that on 9 March 2006, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, Paragraph 12b, AR 635-200, by reason of misconduct—pattern of misconduct for being derelict in the performance of his duties, sleeping while in guard duty, giving a false official statement to a noncommissioned officer, leaving sensitive items unsecured, and the theft of another soldier's personal check, 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.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.  On 23 March 2006, 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 unit commander indicated in a memorandum for the battalion commander that he conducted a first review of the bar to reenlistment on the applicant on 17 September 2005; however, that particular document (Bar to Reenlistment) is not part of the available record.  

       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 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 noted the applicant's issue; however, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  Inview 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: 21 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 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
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 AR20080004804
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