Applicant Name:  ?????

Application Receipt Date: 080925	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See enclosed DD Form 293 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: 990816
Discharge Received: 			   Date: 991123   Chapter: 14-12b    AR: 635-200
Reason: Misconduct	   RE:     SPD: JKA   Unit/Location: C Co, 2nd Bn, 327th Inf Regiment, 101st ABN Div (AA), Ft. Campbell, KY 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 971212, negligently discharged a weapon (971023), reduction to E1, forfeiture of $210.00, 14 days extra duty, suspended to be automatically remitted if not vacated before 16 June 1998 (CG).

990120, willfully disobeyed an NCO x 2 (981215), knowingly made a false statement to an officer (981215); reduction to E1, forfeiture of $223.00 pay per month for one month, suspended, to be automatically remitted if not vacated before 21 July 1999, restriction and extra duty for 14 days (CG).

990629, disrespectful in language toward an NCO in the execution of his duties x 2 (990620), extra duty and restriction for 7 days (CG).

Courts-Martial (Charges/Dates/Punishment): 990629, SCM, stole another Soldier's checkbook  (990201); sentenced to confinement for 30 days.

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 970206    Current ENL Term: 03  Years  ?????
Current ENL Service: 	02 Yrs, 09 Mos, 18 Days ?????
Total Service:  		02 Yrs, 09 Mos, 18 Days ?????
Previous Discharges: 	None
Highest Grade: E2		Performance Ratings Available: Yes    No 
MOS: 11B  Infantryman   GT: 112   EDU: HS GED   Overseas: Haiti   Combat: None
Decorations/Awards: AAM, AFEM, ASR, UMN

V.  Post-Discharge Activity
City, State:  Albuquerque, NM
Post Service Accomplishments: None submitted by the Applicant.



VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
The evidence of record shows that on 26 July 1999, the unit commander notified the Applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, by reason of misconduct commission of a serious offense having been counseled for larceny, writing bad checks, forgery, failure to follow orders, disrespect to commissioned and noncommissioned officers, and dereliction in the performance of his duties on several occasions, as well as having received a company grade article 15 for making a false official statement and disobeying two noncommissioned offiers, and receiving another company grade article 15 for accidental discharge of a firearm and being convicted in a summary court-martial for the offense of larceny, with an under other than honorable conditions discharge.  He was advised of his rights.  The Applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily 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 submitted a statement in his own behalf.  On 24 September 1999, the separation authority denied the conditional waiver request.  On 20 October 1999, the Applicant once again consulted with legal counsel and unconditionally waived his right to an Administrative Separation Board.  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 an under other than honorable conditions discharge.  On 16 November 1999,  the separation authority waived further rehabilitative efforts and directed that the Applicant be discharged with a characterization of service of under other than 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 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 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.  Further, eligibility for veteran's benefits to include educational benefits under the Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the Applicant should contact a local office of the Department of Veterans Affairs for further assistance.  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: 21 July 2009         Location: Washington, D.C.

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: No Change										
RE Code: 
Grade Restoration:   No   Yes   Grade: No Change
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080015106
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