Applicant Name:  ?????

Application Receipt Date: 2008/08/21	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "I was told by my commander that if I waited 6 months or so after I was released and had no actions against me I would be able to have my discharge upgraded from general under honorable conditions to Honorable.  I am currently trying to apply for the fire service and would like to have veterans preference.  I served 2 full 4 year enlistments and was discharged honorably under those.  I feel not only that my infraction was minor but that my prior enlistments should have some impact or bearing on this correction of my character of service.  This really holding me back and I don't feel that this should be the case.  Thank you for your consideration." 

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: 030228
Discharge Received: 			   Date: 030508   Chapter: 14-12c    AR: 635-200
Reason: Misconduct	   RE:     SPD: JKQ   Unit/Location: 673rd Medical Company (DS), Fort Lewis, WA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 030116, failure to pay just debt to Military Star Card in the amount of $183 for missed monthly payments from (020912-021212), with intent to deceive, made a false official statement to a SGT (021227); for being indebted to Omni Financial in the amount of $367.40 for a personal loan of $2,872.40, which amount became due on (020930), failed to pay just debt (020901-021115); failure to report x 2 (021021), (020306), AWOL (021022-021024), and dereliction of duty (020918); reduction to E-3 (suspended), extra duty for 14 days and an oral reprimand (FG).

030211, suspension of punishment of reduction to E-3, was vacated for new offense of failure to report (020127).

030211, wrongful use of marijuana between (021201-030102), reduction to E-2 (suspended), extra duty for 14 days  (FG). 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  26
Current ENL Date: 020627    Current ENL Term: 3 Years  ?????
Current ENL Service: 	00 Yrs, 10Mos, 12Days ?????
Total Service:  		07 Yrs, 10Mos, 27Days ?????
Previous Discharges: 	RA-950612-980823/HD
                                       RA-980824-020626/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 91A10 Medical Equipment Tech   GT: 111   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR




V.  Post-Discharge Activity
City, State:  Gig Harbor, WA
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 28 February 2003, the unit commander (LTC, DC) notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct-commission of a serious offense for wrongful use of marijuana (021201-030102); failed to pay just debt in the amount of $183  (020912-021212), failed to pay just debt in the amount of $367 (020901-021115), made a false official statement (021227) and dereliction of duty (020918), 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,  waived consideration of his case by an administrative separation board contingent upon him receiving a characterization of service no less favorable than general, under honorable conditions, 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.  On 7 March 2003, 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 and the issues 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, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  Further, the analyst noted the applicant issue that the offense was minor and isolated.  However, the analyst concluded that the applicant committed many discrediting offenses, which constituted a departure from the standards of conduct expected of Soldiers in the Army.  Having examined all the circumstances, the analyst determined that the applicant’s numerous incidents of misconduct did indeed adversely affect the quality of service, brought discredit on the Army, and was prejudicial to good order and discipline.  These incidents of misconduct clearly diminished the quality of the applicant’s service below that meriting a fully honorable discharge. Finally, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.”  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.  In view of the foregoing, the analyst determined that the characterization of service, reason for discharge, and the reentry eligibility (RE) code 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: 29 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 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 AR20080013332
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