Applicant Name:  ?????

Application Receipt Date: 2008/05/20	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that his current job requires him to get his discharge status changed to honorable. His discharge was inequitable because it was based on one isolated incident in 28 months of service with no other adverse action.

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: 981214
Discharge Received: 			   Date: 990114   Chapter: 14-12b       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKA   Unit/Location: Howitzer Battery, 1st Squadron, 3rd Armored Cavalry Regiment, Fort Carson, CO 80913 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 981102, Failed to go to his appointed place of duty x 4, (980925); (980916); (981022); (981002); willfully disobeyed a lawful order from a SFC (980915); dishonorably failed to pay said debt in the amount of $1,564.00 from (980420 to present); with intent to deceive, made an official statement, which was false (980904); and did treat with disrespect in language, a noncommissioned officer (SGT), (981023); reduction to E-2; (PV2); extra duty and restriction for 14 days (CG)

980723, Dishonorably failed to pay said debt in the amount of $471.00 (970929); and again; dishonorably failed to pay said debt in the amount of $135.00, from (980315-980518); and disobeyed a lawful order from a noncommissioned officer (SFC), (980406); reduction to PFC (E-3) and extra duty for 14 days (CG)

980210, Failed to go to his appointed place of duty (980113); 14 days extra duty (Summarized) 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  21
Current ENL Date: Reenl/961210    Current ENL Term: 3 Years  ?????
Current ENL Service: 	2 Yrs, 1 Mos, 5 Days ?????
Total Service:  		4 Yrs, 9 Mos, 15 Days ?????
Previous Discharges: 	RA 940330-961209/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 63B10 Light Wheel Vehicle Mech   GT: 99   EDU: HS Grad   Overseas: Germany (941003-961002); (Prior Svc)   Combat: None
Decorations/Awards: ARCOM, AAM (2), GCMDL, NDSM, ASR

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 14 December 1998, 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; in that he made a false official statement; failed to go to his appointed place of duty on numerous occasions; failed to pay his just debts; disobeyed and showed disrespect towards NCO's, 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 gneral, 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 22 December 1998, 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, supporting documents 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 applicant'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; however, even though a single incident, the discrediting entry constituted a departure from the standards of conduct expected of soldiers in the Army.  The applicable Army regulation states that there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization.  The analyst having examined all the circumstances determined that the applicant's single incident of misconduct did indeed adversely affect the quality of service, brought discredit on the Army, and was prejudicial to good order and discipline.  This single incident 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: 27 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 AR20080008135
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