Applicant Name:  ?????

Application Receipt Date: 081118	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See enclosed DD Form 293 and 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: 080409
Discharge Received: 			   Date: 080430   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: 102nd Quartermaster Co, 101st Bde Troops Bn, Ft. Campbell, KY 

Time Lost: None listed on DD Form 214. Contained in the file are AWOL dates from (080117-080124 and 080128-080131) for a total of 12 days.

Article 15s (Charges/Dates/Punishment): 071023 failed to go at the time prescribed to work call on or about 10 September 2007, failed to go at the time prescribed to accountability formation on or about 11 September 2007, failed to go at the time prescribed to accountability formation on or about 14 September 2007, failed to go at the time prescribed to accountability formation on or about 19 September 2007, at Ft. Campbell, KY, extra duty for 7 days and an oral reprimand (CG).

080402 failing to report to appointed place of duty on diverse occasions and disrespecting an NCO on diverse occasions; reduction to E1, forfeiture of $671 of pay per month for two months, extra duty and restriction for 45 days (FG). This ART 15 is not contained in the file, this is noted in the commander's letter.

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  24
Current ENL Date: 070221    Current ENL Term: 3 Years  18 weeks
Current ENL Service: 	1 Yrs, 2Mos, 10Days ?????
Total Service:  		5 Yrs, 0Mos, 0Days ?????
Previous Discharges: 	USN 000807-050806/HD
Highest Grade: E3		Performance Ratings Available: Yes    No 
MOS: 92F10 Petroleum Supply   GT: 98   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: US Navy AAM, Navy Meritorious Unit Commendation, Navy GCOM, NDSM, GWOTSM, ASR

V.  Post-Discharge Activity
City, State:  Prichard, AL
Post Service Accomplishments: Nothing provided by the Applicant.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 9 April 2008, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 12b, AR 635-200, by reason of misconduct—for failing to obey lawful orders on diverse occasions, disrespectful towards NCOs on diverse occasions, and failing to be at his appointed place of duty on diverse occasions, with a general under honorable conditions discharge.  He was advised of his rights.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  On 22 April 2008, 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 the applicant’s military records, and issues and documents submitted with the application, the analyst determined that the applicant’s available record of service during the period of enlistment under review  details his discharge for failing to obey lawful orders on diverse occasions, being disrespectful towards NCOs on diverse occasions, and failing to be at his appointed place of duty on diverse occasions.  These events led to the discharge from the Army.  The applicant’s record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature.  This document identifies the reason and characterization of the discharge and the analyst presumed Government regularity in the discharge process.  The record of evidence indicates the Applicant was recommended for discharge under the provisions of AR 635-200, Chapter 5-17 by a competent medical authority.  However, the Applicant’s commander chose to discharge him under the provisions of AR 635-200, Chapter 14-12b for pattern of misconduct.  The DD Form 214 indicates that the applicant was discharged under the provisions of AR 635-200, paragraph, Chapter 14-12b by reason of pattern of misconduct, with a characterization of service of general, under honorable conditions. After a careful review of all the applicant’s military records during the period of enlistment under review and the issue and documents submitted with the application, the analyst found no mitigating factors that would merit a change to the narrative reason for discharge on the applicant's DD Form 214.  Furthermore, the applicant was discharged under the provisions of Chapter 14, Paragraph 12b, AR 635-200.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Pattern of Misconduct", and the separation code is "JKA."  Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be entered under this regulation. Barring evidence to the contrary, 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.  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: 090902         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 AR20080019245
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