Applicant Name:  ?????

Application Receipt Date: 2008/11/04	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "I feel that my discharge should be change because I am trying further not only my education, but my career.  Having this type of discharge does not sit well with where I want to be.  I learned so much from being in the military that has got me to where I am now.  I have never in any type of trouble or have a criminal backgroud that would warrant me unworthy of this change.  I am a faithful law abidding citizen and would want nothing more than to continue on the path to having a successful life."

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: 020823
Discharge Received: 			   Date: 021007   Chapter: 13      AR: 635-200
Reason: Unsatisfactory Performance	   RE:     SPD: JHJ   Unit/Location: B Trp, 5-15 CAV Regt, Fort Knox, KY 

Time Lost: Confinement/Military Authorities for 24 days (020904-020927).  However, this period is not annotated on the DD Form 214, block 29, dates of time lost during this period.

Article 15s (Charges/Dates/Punishment): 020814, dereliction of duty (020805); reduction to E-1 (suspended), forfeiture of $238 (suspended), 14 days extra duty, and 14 days restriction (CG).

020815, suspension of punishment of reduction to E-1 and forfeiture of $238 was vacated for new offense of dereliction of duty (020814). 

Courts-Martial (Charges/Dates/Punishment): 020904, SCM, dereliction of duty and malingering; forfeiture of $550 x 1 and confinement for 30 days.

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  24
Current ENL Date: 020212    Current ENL Term: 3 Years  ?????
Current ENL Service: 	00 Yrs, 07Mos, 26Days ?????
Total Service:  		00 Yrs, 07Mos, 26Days ?????
Previous Discharges: 	None
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: None   GT: 88   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: None

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




VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 23 August 2002, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 13, AR 635-200, by reason of unsatisfactory performance for his inability to respond to performance counseling and meet the Soldierization requirements necessary to graduate from 19D one station unit training.  He lacks the motivation and commitment necessary to complete the rquirements for this course.  His only goal at the time is to get out of the Army and has refused to train and abused sick call in an attempt to accomplish this, with a general, under honorable conditions discharge.  He was advised of his rights.  The applicant consulted 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.  On 2 October 2002, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a general, under honorable conditions discharge.  The applicant was not transferred to the Individual Ready Reserve (IRR).

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory Soldier.  Army policy states that a general discharge, under honorable conditions is normally considered appropriate, but an honorable discharge may be granted in meritorious cases.

       c.  Response to Issues, Recommendation and Rationale:  
             After a careful review of all the applicant’s military records during the period of enlistment under review and the issues and documents he submitted, 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 incidents of unsatisfactory performance.  The analyst determined that the applicant’s discharge was appropriate because the quality of his service was not consistent with the Army’s standards for acceptable personal conduct and performance of duty by military personnel.  By his unsatisfactory performance, the applicant diminished the quality of his service below that meriting a fully honorable characterization of service.   Furthermore, the analyst noted the aplicant's issue; however, 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.  Further, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  Finally, the applicant is to be commended for his efforts and accomplishments outlined in the application since separation from active duty, however, these accomplishments do 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: 2 September 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: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080016998
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