Applicant Name:  ?????

Application Receipt Date: 2008/05/05	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he was a Chaplain Assistant for 6 years and a Drill Sergeant for 1 year before he went to this unit. He has never been in any trouble until he was at the MP unit. He wants this black mark off his record and it would mean a great deal to him to have an honorable discharge.  

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: 070417
Discharge Received: 			   Date: 070511   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: 9th Military Police Detachment, 95th Military Police Battalion, Unit 29724, APO AE 09028 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 070309, violated a lawful general regulation by wrongfully placing undue stress on inmates (070228); reduction to specialist (E-4); forfeiture of $989.00 pay per month for two months, suspended, to be automatically remitted if not vacated before (070909); restriction for 30 days (FG)

Courts-Martial (Charges/Dates/Punishment): 070213, Summary Court-Martial for willfully disobeying a lawful order from a SFC (061207); disrespectful in language toward a SSG (061208), he was sentenced to forfeiture $1, 447.00.

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  31
Current ENL Date: Reenl/060714    Current ENL Term: 4 Years  ?????
Current ENL Service: 	0 Yrs, 9 Mos, 27 Days ?????
Total Service:  		8 Yrs, 3 Mos, 22 Days The total service on the DD Form 214 when computed is incorrect; should be: 8 Years, 3 Months, 22 Days.
Previous Discharges: 	USAR 990122-990208/NA
                                       RA      990209-030208/HD
                                       USAR 030209-060713/NA
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 31E10 Correction Specialist   GT: 122   EDU: 16 Years/BA Degree   Overseas: Kosovo   Combat: None
Decorations/Awards: ARCOM, AAM, GCMDL, NDSM, KCMDL, NATOMDL, NCOPDR, ASR, OSR (1)

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

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       Evidence of record shows that on 17 April 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of a pattern of misconduct; in that he received a Field Grade Article 15 on (070309) for placing undue stress on inmates; and was found guilty of disobeying a lawful order, and disrespect to a noncommissioned officer on (070213) at a Summary Court-Martial, 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, voluntarily waived consideration of his case by an administrative separation board contingent upon him receiving a characterization of service no less favorable than a general, under honorable conditions discharge 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.  On 18 April 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 the entire applicant’s military records, and the issue submitted with the application, 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 the former soldier’s service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  By the misconduct, the applicant diminished the quality of 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 and concluded that the applicant's offenses constituted a departure from the standards of conduct expected of soldiers in the Army.  These incidents of misconduct clearly diminished the quality of the applicant’s service below that meriting a fully honorable discharge.  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: 11 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: NA
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080007214
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