Applicant Name:  ?????

Application Receipt Date: 2008/09/15	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See enclosed DD Form 149 submitted by the applicant in lieu of a DD Form 293 to the ADRB board.

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: 070917
Discharge Received: 			   Date: 071106   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: D Company, 5th Battalion, 158th Aviation Regiment, APO AE 09177 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 070326, Failed to obey a lawful general regulation by failing to provide adequate financial support to his dependents, between on or about (070101-070201); and with intent to deceive, made an official statement to a 1SG, which was false (070206); reduction to E-2; forfeiture of 340.00 pay; extra duty for 14 days (CG) 

The suspension of the punishment of forfeiture of $340.00 pay imposed on (070326) was vacated, effective (070426) based on the applicant's offense of failing to go to his appointed place of duty (070424)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: 061211    Current ENL Term: 3 Years  The applicant extended his enlistment on (070117) for 3 months, giving him a new ETS date of: (100310)
Current ENL Service: 	0 Yrs, 10 Mos, 26 Days ?????
Total Service:  		2 Yrs, 5 Mos, 6 Days ?????
Previous Discharges: 	ARNG 050531-051010/NA
                                       IADT   051011-060727/HD
                                       ARNG 060728-061210/HD
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 15U10 CH-47 Helicopter Repairer   GT: 127   EDU: GED Certif   Overseas: Germany   Combat: None
Decorations/Awards: NDSM, GWTSM, ASR, AV-BAD

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

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 17 September 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of a pattern of misconduct; in that he has been formally charged under Article 15 proceedings for numerous violations of Article 91 and Article 107, UCMJ; counseled on DA Form 4856 on diverse occasions about failing to report to his appointed place of duty, writing worthless checks; insubordination and disrespect to noncommissioned officers; failing to maintain funds for his family, and that his propensity towards misconduct has become a pattern, 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; however, that particulat statement is not part of the available record.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  On 26 October 2007, 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 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 the applicant is to be commended for his efforts.  However, the accomplishment listed on the application did not provide the Board a basis upon which to grant relief.  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: 12 June 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: NA
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080014327
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