Applicant Name:  ?????

Application Receipt Date: 2008/04/03	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states "I was going through a-lot my last year in the military.  Bad cases of withdrawal, and Depression.  I was sent to Mental Health By My Unit, Was declared unfit for duty by the MD there.  I was falsely reported as being AWOL, when I didnt leave at all, I was still on post in contact with my unit and NCO"S.  I received and Article 15 for missing PT formation, chose to take everything to court marshall, at the court marshall I was charge for three things, disobeying a lawful order, missing formation, and awol.  I beat 2/3 charges and was sent back to my unit, so that I could be sent back to Iraq.  I was only charged for Missing Pt formation 3 times.  I then begged to be discharged from the United States Army, and a commander helped me get out on a general discharge.  I wrote letters to commanders and generals in charge of the decision on my discharge, because I felt I deserved an Honarable discharge, I had petitions signed by Soldiers, NCO's and Officers in my unit, I also had Letters written by Officers, NCOs and Soldiers on my behalf, I did not receive any feedback on the info I submitted for an Honorable discharge.  Instead was just rushed through a General discharge and cleared by rear detachment of 15th BSB 3/82 1CD in Ft. Hood, Texas.  I have stacks of paper work, showing that I was a above and beyond Soldier in the military. I just got to the point where I couldnt take it anymore so I began to withdrawal from being there, and nothing could stop my depressed feelings except to depart from the Army.  I was told that I could upgrade my dishcarge with no problem after six months, its been a year and some months, so Im finally ready to take care of this situation.  Thank You with all due respect Wayne G Hood."

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: 061116
Discharge Received: 			   Date: 061212   Chapter: 14       AR: 635-200
Reason: Pattern Of Misconduct	   RE:     SPD: JKA   Unit/Location: 3-82nd FA, (Rear) (Provisional), Fort Hood, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 070719, failure to report x 4 (060519), (060508), (060424), and (060322), however, block 4 does not indicate the punishment received. 

Courts-Martial (Charges/Dates/Punishment): 061024, SCM, failure to report x 9 (060801), (060728), (060727), (060726),  (060725), (060519), (060508), (060424), and  (060322), reduction to E-2, forfeiture of $1,228 x 1.

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  22
Current ENL Date: 040313    Current ENL Term: 3 Years  ?????
Current ENL Service: 	02 Yrs, 09Mos, 00Days ?????
Total Service:  		03 Yrs, 03Mos, 28Days Item 12e on the DD Form 214, total prior inactive service is incorrect, it reads 02 Yrs, 01 Mos, 06 days, it should read 00 Yrs, 06 Mos, 28 days.  
Previous Discharges: 	USAR-030815-030904/NA
                                       ADT-030905-040226/UNC
                                       USAR-040227-040312/NA
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 92A10 Automated Logistics Spec   GT: NIF   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (040718-050309)
Decorations/Awards: ARCOM, NDSM, ICM, GWOTSM, ASR, OSR

V.  Post-Discharge Activity
City, State:  Mableton, GA
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       Evidence of record shows that on 16 November 2006, 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 continuously missing formations on numerous 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 submitted a statement in his own behalf.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  On 21 November 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. 

       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 during the period of enlistment under review, the  issues and documents 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, found no evidence of arbitrary or capricious actions by the command.  The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  Finally, the U.S. Army does not have, nor has it ever had, a policy to automatically upgrade discharges.  Each case is decided on its own merits when an applicant submits a DD Form 293 requesting a change in discharge.  Changes may be warranted if the Board determines that the characterization of service or the reason for discharge or both were improper or inequitable.  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: 4 February 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: No Change
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080005133
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