Applicant Name:  ?????

Application Receipt Date: 2008/06/30	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states "I came back from Iraq due to the state of Colorado taking my children away from my wife. I did not recieve any treatment for stress or anything like that when i returned to rear detatchment.  It was very hard for me to adapt back to garrison life that fast.  I never got into trouble until this happened to me.  I always did what i was told when I was told to do so. I did not have any severe infractions while I was in as well, mostly counseling statements.  But never recieved any classes or anything to help me with that either.  I was very stressed and it was hard not having my kids, in the middle of a divorce with my wife and just coming out of combat that fast.  All I wanted to do in my military career was to fight for my country and retire and make a good life for myself and family.  I would just like a second chance to do that.  If you approve the upgrade to honorable I will be able to get back in and make a difference for my country.  I have since gotten my stuff together and ready to fight the good fight again. "

Thanks



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: 060502
Discharge Received: 			   Date: 060509   Chapter: 14       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: HHT, 2-9 CAV Regmt (Rear) (Provisional), Fort Carson, CO 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 060428, failure to report (060419), disobeyed a lawful command from a MAJ (060419), disobeyed a lawful order from a 1SG (060419), reduction to E-1, forfeiture of $636 x 2, extra duty for 45 days and restriction foe 45 days (FG).  

060406, dereliction of duty (0601260, failure report x 3 (060208), (060209), and (060216); reduction to E-2, forfeiture of $333 x 1, extra duty for 14 days and restriction for 14 days (CG). 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: 050328    Current ENL Term: 3 Years  16 Weeks
Current ENL Service: 	01 Yrs, 01Mos, 12Days ?????
Total Service:  		01 Yrs, 01Mos, 12Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 11C10 Indirect Fire Infantryman   GT: 111   EDU: GED Cert   Overseas: Southwest Asia   Combat: Kuwait/Iraq (051128-060115)
Decorations/Awards: NDSM, ICM, GWOTSM, ASR

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

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 2 May 2006, 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 misconduct-pattern of misconduct for possession of an unregistered firearm (050305), failure to report x 5 (060216), (060223), (060224), (060322), and (060324), and disobeying an NCO (060324), with an under other than honorable conditions discharge.  He was advised of his rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, waived consideration of his case by an administrative separation board, and did not submit a statement in his own behalf.  On 2 May 2006, the applicant again consulted with legal counsel, was advised of the impact of the discharge action, and unconditionally waived consideration of his case by an administrative separation board.  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 with an under other than honorable conditions discharge.  On 4 May 2006, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than honorable conditions.
       
       The analyst noted that on the applicant's DD Form 214 block 27, reentry eligibility (RE) code reads "4," however, the separation authority approved the applicant's discharge under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, pattern of misconduct, which according to AR 635-5-1, Separation Program Designator (SPD)/Reentry (RE) Codes Cross-Reference Table, requires an reentry eligibility (RE) code of "3."  
       
       The applicant's record contains a Military Police Report with an additional charge dated 5 March 2006. 

       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 and the issues he submitted with the application, the analyst found several mitigating factors that would merit a partial upgrade of the applicant's characterization of service to general, under honorable conditions.  While, the applicant's misconduct is not condoned, the evidence in this case supports a conclusion that the characterization of service is too harsh, and as a result it is inequitable.  The analyst found that the the length of the applicant's service; to include his combat service, mitigated the discrediting entries in his service record.  Accordingly, the analyst recommends that the applicant’s characterization of service be partially upgraded to general, under honorable conditions.  However, the analyst determined that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable.
       
       Additionally, the analyst found that someone in the separation process erroneously entered on the applicant's DD Form 214, block 27, reentry eligibility (RE) code of  "4."  The analyst recommends that block 27 be administratively changed to "3" as approved by the separation approving authority.
       
       Furthermore, the analyst noted the applicant's issues, however, by his misconduct the applicant diminished the quality of his service below that meriting a fully honorable discharge. Further, if the applicant desires to reenlist, he should contact the local recruiter to determine his eligibility to reenlist.  Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes. 

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 8 April 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 voted to administratively change block 27, reentry eligibility (RE) code to "3" on the applicant's DD Form 214.  Except for the foregoing modification to the applicant's reentry eligibility (RE) code, 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 1    No change 4
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 AR20080010726
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