Applicant Name:  ?????

Application Receipt Date: 2008/10/01	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: 071106
Discharge Received: 			   Date: 071219   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: Company D, 1-10th Cavalry Regiment, 2nd Brigade Combat Team, 4th Infantry Division, Fort Carson, CO 

Time Lost: The applicant appeared in the Municipal Court, Colorado Springs, CO; on the charges of exceeding the speed limit 40+ Over and reckless driving; was found guilty and sentenced to 5 days in jail; and to report to the CJC(2739 E. Las Vegas) by October 14, 2007. The DA Form 4187 indicates that the applicant was released from civilian confinement and present for duty effective: 071017). Total time lost 3 days; however, the DD Form 214, block 29 does not show this period of lost time.  

Article 15s (Charges/Dates/Punishment): 070628, Failed to go to his appointed place of duty x 4; (070322); (070425); (070426); (070604); willfully disobeyed a lawful order from a SSG (070510), disrespectful in deportment toward a SSG (070510); reduction to E-3; forfeiture of $380.00 pay, suspended for 60 days, extra duty and restriction for 14 days (CG)

070917, Failed to go to his appointed place of duty x 5; (070710), (070802), (070806), (070816), (070816), (070828); without authority go from his appointed place of duty (070827), disrespectful in language toward a SGT (070827), failed to obey a lawful order issued by a SSG (070827); reduction to Private; forfeiture of $650.00 pay per month for two months, suspended, to be automatically remitted if not vacated before (071017); extra duty for 45 days (FG)

The suspension of the punishment of forfeiture of 650.00 pay per month for two months imposed on (070917) was vacated, effective (071009) based on the applicant's offenses of failing to go to his appointed place of duty x 3, (070919), (070925); (070925); disrespectful in language toward a SGT (070925), willfully disobeyed a lawful order from a SGT (070925)



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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  21
Current ENL Date: Reenl/060310    Current ENL Term: 4 Years  ?????
Current ENL Service: 	1 Yrs, 9 Mos, 10 Days ?????
Total Service:  		3 Yrs, 5 Mos, 26 Days ?????
Previous Discharges: 	RA 040624-060309/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 92G10 Food Service Operations   GT: 108   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (050303-060221)
Decorations/Awards: ARCOM, AAM, NDSM, GWTEM, GWTSM, NCOPDR, ASR, OSR

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 5 November 2007, 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 failed to report for formation (070322); (070425); (070426); (070604); (070710); (070802); (070806); (070816); (070827); (070827); (070925); wrongfully disobeyed a noncommissioned officer (070510); (070827); (070925); wrongfully disrespected a noncommissioned officer (070510); (070827); (070925); and was sent to civilian confinement for reckless driving and driving over the speed limit (071014), 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 November 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 all 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.  There was a full consideration of all faithful and honorable service as well as the infractions of discipline, the extent thereof, and the seriousness of the offenses.  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 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.  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: 23 July 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 AR20080015282
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