Applicant Name:  ?????

Application Receipt Date: 2008/09/02	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See enclosed 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: 051012
Discharge Received: 			   Date: 060119   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: Alpha Company, 1st Battalion, 504th Parachute Infantry Regiment, 82nd Airborne Division, Fort Bragg, NC 28310 

Time Lost: AWOL x 1 for 9 days from (050702-050710). Mode of return is unknown.

Article 15s (Charges/Dates/Punishment): 050624, Disrespectful in language toward a SGT (050601); reduction to Private (E-1); forfeiture of $288.00 pay for 1 month; restriction and extra duty for 14 days (CG) 

Article 15; 050602, Failed to go to his appointed place of duty (050519); failed to obey a lawful order issued by a CSM (050506); forfeiture of $288.00 pay for 1 month; restriction and extra duty for 14 days (CG) 

Article 15; 050217, Violated a lawful general regulation by wrongfully allowing a woman to live in his barracks room (050209); and violated a lawful general regulation by wrongfully going to Florida without an authorized mileage pass (050209); (CG) 

Courts-Martial (Charges/Dates/Punishment): 050909; Summary Court-Martial for AWOL from (050702-050711); forfeiture of 2/3rd pay and confinement for 30 days. 

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  17
Current ENL Date: 040422    Current ENL Term: 3 Years  16 Weeks
Current ENL Service: 	1 Yrs, 8 Mos, 19 Days ?????
Total Service:  		1 Yrs, 8 Mos, 19 Days ?????
Previous Discharges: 	None
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: 11B10 Infantryman   GT: 110   EDU: 12 Years   Overseas: None   Combat: None
Decorations/Awards: NDSM, GWTSM, ASR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: See enclosed document (1) addressed to the applicant's congressman.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 12 October 2005, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12b, AR 635-200, by reason of misconduct-pattern of misconduct; in that he received a Summary Court-Martial on (050909); and three Company Grade Article 15s dated (050624); (050602); (050217), 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 commanders reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge.  On 9 December 2005, the applicant was notified to appear before an administrative separation board and advised of his rights.  On 12 December 2005, the applicant again consulted with legal counsel and waived consideration of his case by an administrative separation board.  On 21 December 2005, the separation authority reviewed the request for an unconditional waiver of the administrative separation board, waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than honorable conditions.  The applicant was to be reduced to the lowest enlisted rank.  

       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 and considered the applicant’s quality of service during the initial portion of the enlistment under review.  However, this service was determined not to be sufficiently meritorious to warrant an upgrade to the characterization of 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.  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: 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 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: NA
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080013680
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