Applicant Name: ?????
Application Receipt Date: 081106 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: 040506
Discharge Received: Date: 040519 Chapter: 13 AR: 635-200
Reason: Unsatisfactory Performance RE: SPD: LHJ Unit/Location: B Battery, 6th Bn, 32nd Field Artillery, Ft. Sill, OK
Time Lost: None
Article 15s (Charges/Dates/Punishment): None
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 23
Current ENL Date: 010201 Current ENL Term: 6 Years ?????
Current ENL Service: 3 Yrs, 3Mos, 19Days ?????
Total Service: 3 Yrs, 3Mos, 19Days ?????
Previous Discharges: None
Highest Grade: E4 Performance Ratings Available: Yes No
MOS: 13M10 GT: 125 EDU: HS Transcript Overseas: None Combat: None
Decorations/Awards: AGCM, NDSM, ASR, GWOTSM
V. Post-Discharge Activity
City, State: Poplar Bluff, MO
Post Service Accomplishments: The Applicant states he has been serving in the USAR since May 2005, there are USAR orders in his record to confirm this claim. He states he has successfully applied and tested for his local state police force, no documentation on this point.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 6 May 2004, 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 failure to report, failing the APFT, and indebtedness, 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. On 11 May 2004, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a general under honorable conditions discharge. The applicant was transferred to the U.S. Army Reserve Control Group.
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, under honorable conditions discharge is normally considered appropriate, however, a fully honorable discharge may be granted in meritorious cases.
c. Response to Issues, Recommendation and Rationale:
After a careful review of the applicants 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 incidents of unsatisfactory performance. The analyst determined that the applicants discharge was appropriate because the quality of the service was not consistent with the Armys standards for acceptable personal conduct and performance of duty by military personnel. By the unsatisfactory performance, the applicant diminished the quality of service below that meriting a fully honorable characterization of service. The analyst acknowledges the applicant's successful transition to civilian life and noted the many accomplishments outlined with the application and in the documents with the application. However, in review of the applicants entire service record, the analyst found that these accomplishments did not overcome the reason for discharge and characterization of service granted. Further, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities. In view of the foregoing the analyst determined that the characterization of service and reason for discharge were both proper and equitable, and recommends to the Board to deny relief. Therefore, the analyst determined 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: 090817 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 applicants record of service during the period of enlistment under review and considering the analysts 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 2 No change 3
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 AR20080017869
______________________________________________________________________________
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