Applicant Name:  ?????

Application Receipt Date: 2008/08/11	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The Applicant states, "The discharge I was given was due to personal conflicts between my chain of command and myself.  I was orignally set to be discharged with an honorable discharge. The packet that was the honorable discharge was later changed without my knowledge as apart of the conflicts between my chain of command and myself. I feel they took it personal when i blew the whistle about the misconduct they were involved in. Also due to the combat stress I wasn't able to control or express my anger in a positive way probably due to my age and maturity level."

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: Date not on the CDR's Memo
Discharge Received: 			   Date: 060807   Chapter: 14-12B      AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: 157th Quartermaster Co, 64th CSG (Rear), Ft Hood, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 050204, disrespect in language towards an NCO (050122) at Log Base Seitz, Iraq; reduced to E1, forfeit $311 pay for one month, 14 days restriction and extra duty (CG).

060320, disrespecting a superior noncommissioned officer, reduce to E-2, 45 days of extra duty (FG). 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: 040727    Current ENL Term: 3 Years  ?????
Current ENL Service: 	02 Yrs, 00Mos, 11Days ?????
Total Service:  		02 Yrs, 4Mos, 23Days ?????
Previous Discharges: 	IADT 030501-030912 UNC
                                       USAR 030331-(Concurrent Service)
Highest Grade: E3		Performance Ratings Available: Yes    No 
MOS: 42A Human Resources Spec   GT: 99   EDU: HS Grad   Overseas: Kuwait   Combat: Iraq (050122-051201)
Decorations/Awards: NDSM, GWOTEM, GWOTSM, ASR

V.  Post-Discharge Activity
City, State:  Alliance, OH
Post Service Accomplishments: None submitted

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 12B, AR 635-200, by reason of misconduct in that he received a Field Grade Article 15 imposed on (060320). The Soldier was found guilty of two counts of disrespecting a superior non-commissioned officer, 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 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 27 July 2006, 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 of this regulation 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 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.  The analyst noted the applicant's issue, however; the analyst found no evidence of arbitrary or capricious actions by the command.  The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  Therefore, 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:  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 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: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080013384
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