Applicant Name:  ?????

Application Receipt Date: 2008/12/08	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states "To Whom It May Concern:  After being justly discharged from active duty for misconduct and minor infractions on the 19th of August 2004, I received a discharge of "General Under Honorable Conditions" with the narrative reason for separation being “Misconduct”.  Until present, I have been content with my discharge and the characterization thereof because I feel justice was administered to me.  However, at this time I would like to formally request an upgrade to the characterization of my discharge to “Honorable” and request a change in the narrative given in the reason for separation.  This request comes as a result of my current interest in serving my community as a career firefighter here in Charlotte, North Carolina.  However, the Charlotte Fire Department (CFD) only accepts recruits who have received a discharge of "Honorable" from military service.  Since my military discharge, I have become a member of a Christian congregation and as such I regret my former misconduct and have repented of my past revolts.  The Bible encourages at Romans 13: 1, 2 “Let every soul be in subjection to the superior authorities, for there is no authority except by God; the existing authorities stand placed in their relative positions by God.  Therefore, he who opposes the authority has taken a stand against the arrangement of God.”  Due to regular Bible studies and my increased faith in God through his son Christ Jesus, I have learned and enhanced my appreciation of having respect for ‘superior authorities.’  As a dedicated Christian, I am now an honorable, law-abiding citizen with the highest regard for both the law and those who serve to uphold it.  As a volunteer in the Charlotte community, I currently dedicate hundreds of hours annually in order to increase behavioral health in Charlotte’s underserved populations. Although I have not experienced any difficultly in obtaining and maintaining employment, as I have been employed by Wachovia Bank N.A. for four years now, I am confident that furthering my career as a member of the CFD will assist me in better serving my community.  With your approval, please assist me in my efforts to continue to be a force for good and to have a positive influence on the community in which I serve.  Thank you."

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: 040706
Discharge Received: 			   Date: 040819   Chapter: 14       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKA   Unit/Location: HHC, 8th Personnel Cmd, APO AP 96205 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 060204, failure to report (031212), the continuation sheet is not part of the available record, forfeiture of $324 (suspended), restriction for 14 days and extra duty for 14 days (CG).

040503, assaulted a female SPC (040325), restriction for 14 days and extra duty for 14 days (Summarized).

031023, failure to report x 2 (030914) and (030915), the continuation sheet is not part of the available record, restriction for 14 days and extra duty for 14 days (Summarized).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 030102    Current ENL Term: 4 Years  ?????
Current ENL Service: 	01 Yrs, 07Mos, 18Days ?????
Total Service:  		01 Yrs, 07Mos, 18Days ?????
Previous Discharges: 	None
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: 42F10 Personnel Information System Management Spec   GT: 117   EDU: HS Grad   Overseas: Korea   Combat: None
Decorations/Awards: NDSM, GWOTSM, KDSM, ASR

V.  Post-Discharge Activity
City, State:  Charlotte, NC
Post Service Accomplishments: The applicant states he has been employed by Wachovia Bank for four years.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 23 June 2004, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct-pattern of misconduct for failure to report  x 5, disobeyed a lawful order, and assault, 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 9 July 2004, 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 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 all the applicant’s military records during the period of enlistment under review and the issues he submitted with his application, 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; however, 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 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: 23 April 2009         Location: Atlanta, GA

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 AR20080019806
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