Applicant Name:  ?????

Application Receipt Date: 2008/11/24	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See 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: 951027   Chapter: "Invalid SPD Code"; however, the Commander's Recommendation Memorandum states "Chapter 13".    AR: 635-200
Reason: Unsatisfactory Performance	   RE:     SPD: LHJ; however, the correct SPD Code for Chapter 13 is 'JHJ'.   Unit/Location: HHB, 6th Bn, 43d ADA, APO AE 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 950802, failed to report to his appointed place of duty (950724), willfully disobeyed a lawful order to produce his divorce decree (950519), willfully kicked a balcony door glass pane of a value of over $100.00, the property of another individual (950617), assaulted another Soldier by attempting to stab him in the body with a dangerous weapon likely to produce death or grievous bodily harm (950617), unlawfully entered the dwelling of another individual with intent to commit a criminal offense, to wit: an assault on another Soldier with a deadly weapon (950617); Reduction to E1, forfeiture of $427.00 pay per month for 2 months, suspended, extra duty for 45 days (FG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 920923    Current ENL Term: 04 Years  ?????
Current ENL Service: 	03 Yrs, 01 Mos, 05 Days Moral waiver - misdemeanor
Total Service:  		03 Yrs, 01 Mos, 05 Days ?????
Previous Discharges: 	None
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 31F / MSE Network Switching Sys Opr   GT: 113   EDU: HS Grad   Overseas: Germany, SWA   Combat: Saudi Arabia (930813-931206)
Decorations/Awards: NDSM, ASR, OSR, Southwest Asia Service Medal

V.  Post-Discharge Activity
City, State:  Auburndale, FL
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 10 October 1995, 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 numerous instances of disrespect toward both officers and NCO's, financial difficulties, FTR's, and a generally poor attitude toward the Army and his job, with a general, under honorable conditions discharge.  The Applicant was advised of his rights, 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.  On 10 October 1995, 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.
       The record contains a Military Police Report dated 950617.

       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 his 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 record does not contain any evidence that the Applicant's discharge had previously been upgraded to honorable as contended by the Applicant. If the Applicant desires to appear before a personal appearance Board, the burden of proof remains with the former Soldier to provide the appropriate documents or other evidence for the Board’s consideration.  Additionally, the U.S. Army does not have, nor has it ever had, a policy to automatically upgrade discharges.  Each case is decided on its own merits when an Applicant submits a DD Form 293 requesting a change in discharge.  Changes may be warranted if the Board determines that the characterization of service or the reason for discharge or both were improper or inequitable.  Furthermore, in response to the Applicant's issue, 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.  Lastly, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  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. 
             Notwithstanding the propriety of the Applicant's discharge, the analyst found that someone in the discharge process erroneously entered on the Applicant's DD Form 214, block 25, separation authority as "Invalid SPD Code" and block 26 as "LHJ".  In view of the foregoing, the analyst recommends to the Board that an administrative correction be made to block 25, to read separation authority:  “AR 635-200, Chapter 13" and block 26, to read "JHJ".

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 11 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. 
 
The Board noted an error on the Applicant's DD Form 214 and directed ARBA Support Division-St. Louis, to administratively correct block 25 to read, "AR 635-200, Chapter 13" and block 26 to read, "JHJ". 
        
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: Change DD Form 214, block 25 to: "AR 635-200, Chapter 13".  Change DD Form 214, block 26 to: "JHJ".										
RE Code: 
Grade Restoration:   No   Yes   Grade: No Change
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080019491
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