Applicant Name:  ?????

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

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See 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: 011011
Discharge Received: 			   Date: 011114   Chapter: 14-12b       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKA   Unit/Location: D Trp, 10th CAV, Fort Benning, GA 

Time Lost: AWOL for 20 days (010823-010912), mode of return unknown.  

Article 15s (Charges/Dates/Punishment): 010828, disobeyed a lawful order from a 1SG (010810); reduction to E-3, forfeiture of $323 x 1, extra duty for 14 days, and restriction for 45 days (CG).

010223, disrespectful in language towards a SGT x 2, and a SFC x 2 (010206-010207), and assault upon a SPC (010206); 14 days restriction (suspended for 30 days), 14 days extra duty, and a verbal reprimand (Summarized).

The unit commander in his notification memorandum makes reference to the applicant receiving a Field Grade Article 15 for larceny, however, this document is not part of the available record.

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  21
Current ENL Date: 990624    Current ENL Term: 4 Years  ?????
Current ENL Service: 	02 Yrs, 04Mos, 01Days ?????
Total Service:  		05 Yrs, 10Mos, 21Days ?????
Previous Discharges: 	ARNG-951204-960601/NA
                                       ADT-960602-960619/UNC
                                       ARNG-960920-970311/HD
                                       RA-970312-990623/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 19D10 Cavalry Scout   GT: 109   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: AGCM, ASR

V.  Post-Discharge Activity
City, State:  Riverdale, GA
Post Service Accomplishments: The applicant submitted a Certificate of Achievement for academic excellence for maintaing a 3.0 grade point average; a Certificate of Appreciation from the YMCA for coaching; and completed Basic Juvenile Correctional Officer Training (Honor Graduate) 2004.  See DD Form 293 submitted by the applicant.



VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 11 October 2001, 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—pattern of misconduct for receiving a Field Grade Article 15 for larceny, a Company Grade Article 15 for AWOL, and  numerous counselings for UCMJ violations, 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.  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 2 November 2001, 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 l4 establishes policy and prescribes procedures for separating members for misconduct.  Specific categories include minor disciplinary infractions, a pattern of misconduct, 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 all the applicant’s military records during the period of enlistment under review, the issues and documents he submitted, 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 his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  By his misconduct, the applicant diminished the quality of his 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 acknowledges the applicant's in-service and post service accomplishments outlined with the application and in the documents with the application.  However, in review of the applicant’s entire service record, the analyst found that these accomplishments did not overcome the reason for discharge and characterization of service granted.  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 AR20080017806
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