Applicant Name:  ?????

Application Receipt Date: 2008/12/09	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 149 submitted in lieu of 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: Undated
Discharge Received: 			   Date: 070615   Chapter: 13    AR: 635-200
Reason: Unsatisfactory Performance	   RE:     SPD: JHJ   Unit/Location: HHC, 10th Sustainment Bde Troops Bn, 10th Mtn Div (LI), Fort Drum, NY 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 060909, with intent to deceive, made a false official statement, which statement was false and was then known by  him to be false; reduction to E5, forfeiture of $1136.00 pay per month for 2 months, restriction for 60 days (FG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  21
Current ENL Date: 030211    Current ENL Term: 03 Years  Commander's memorandum states the Applicant reenlisted for a term of 04 years.
Current ENL Service: 	04 Yrs, 04 Mos, 04 Days ?????
Total Service:  		07 Yrs, 07 Mos, 13 Days ?????
Previous Discharges: 	RA  991103-030210/HD
Highest Grade: E6		Performance Ratings Available: Yes    No 
MOS: 88N30 / Traffic Mgt Coord   GT: 96   EDU: HS Grad   Overseas: Hawaii, Korea   Combat: None
Decorations/Awards: ARCOM, AAM, AGCM (2), NDSM, GWOTSM, KDSM, ASR

V.  Post-Discharge Activity
City, State:  APO AP 96266
Post Service Accomplishments: None submitted by the Applicant.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 1 June 2007, 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 having accumulated substantial debt which had an adverse impact on military discipline, good order, and morale and, having been enrolled in financial management and given several opportunities to correct his financial deficiencies, he did nothing to correct his situation despite the continual call from creditors, with an honorable discharge.  The Applicant was advised of his rights, declined 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 with a general, under honorable discharge.  Subsequently, the separation authority waived further rehabilitative efforts and directed that the Applicant be discharged with a general, under honorable conditions discharge.

       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 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 incidents of unsatisfactory performance.  The analyst determined that the Applicant’s discharge was appropriate because the quality of the service was not consistent with the Army’s 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 noted the Applicant's issue, however, the Applicant had many legitimate avenues through which to obtain assistance or relief, without committing the misconduct, which led to the separation action under review.  Furthermore,  the analyst noted the Applicant's issue, however, the narrative reason for separation is governed by specific directives.  The Applicant was discharged under the provisions of Chapter 13, paragraph 13-2, AR 635-200.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Unsatisfactory Performance", and the separation code is "JHJ."  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.  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: 25 September 2009         Location: Washington, D.C.

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 1    No change 4
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: No Change										
RE Code: 
Grade Restoration:   No   Yes   Grade: No Change
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080019299
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