Applicant Name: ?????
Application Receipt Date: 2008/08/13 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 and attached documents 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: 990309
Discharge Received: Date: 990409 Chapter: 13-2 AR: 635-200
Reason: Unsatisfactory Performance RE: SPD: JHJ Unit/Location: HHC, Ist Inf Div, 101st MI BN, APO, AE
Time Lost: None
Article 15s (Charges/Dates/Punishment): None in the file, but in the Cdr's Memo there are two Company Grade Article 15s mentioned.
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 23
Current ENL Date: 971121 Current ENL Term: 3 Years ?????
Current ENL Service: 1 Yrs, 4Mos, 19Days ?????
Total Service: 2 Yrs, 8Mos, 29Days ?????
Previous Discharges: ARNG 960820-971121/HD
IADT 961015-970213/UNC
Highest Grade: PV2 Performance Ratings Available: Yes No
MOS: 71L/Administrative Spec GT: 93 EDU: HS Grad Overseas: Germany Combat: None
Decorations/Awards: NDSM, OSR, ASR
V. Post-Discharge Activity
City, State: Ithaca, NY
Post Service Accomplishments: None submitted
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 9 March 1999, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 13, AR 635-200, by reason of unsatisfactory performance for failure to be at his appointed place of duty in seven instances from (980318-981228), failure to obey a lawful order on four occassions; and the loss of his ID card. On 980603, you were counseled IAW AR 635-200, paragraph 1-18. Further, on 980926, you received a company grade Article 15 and another on 980107, 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 with a general under honorable discharge. The separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a general under honorable conditions discharge. The applicant was not transferred to the Individual Ready Reserve.
b. Legal Basis for Separation:
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory soldier. Army policy states that a general, under honorable conditions discharge is normally considered appropriate, however, a fully honorable discharge may be granted in meritorious cases.
c. Response to Issues, Recommendation and Rationale:
After a careful review of all the applicants 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. There was a full consideration of all faithful and honorable service as well as the incidents of unsatisfactory performance. The analyst determined that the applicants discharge was appropriate because the quality of the service was not consistent with the Armys standards for acceptable personal conduct and performance of duty by military personnel. The record does not support the applicants contention, and no evidence to support it has been submitted by the applicant, that the discharge was the result of any medical condition. By the unsatisfactory performance, the applicant diminished the quality of service below that meriting a fully honorable characterization of service. Furthermore, the analyst noted that the applicant met entrance qualification standards to include age. There is no evidence that the applicant was any less mature than other soldiers of the same age who successfully completed military service. Therefore, the analyst determined 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: 22 May 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 applicants record of service during the period of enlistment under review and considering the analysts 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: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20080012884
______________________________________________________________________________
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