Applicant Name:   

Application Receipt Date: 2008/12/11	Prior Review:     Prior Review Date: 2008/10/22/Records 

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states "With a general discharge it is difficult to provide for one's family.  In today’s world an honorable discharge is needed for most careers.  I had cause great pain to wife and myself do to the mistake I had made in the past.  Now that I had been home for 2 ½ years I learned that in the future the general discharge holds me back in the careers and life style that I wanted for my wife and I to have.  Since being out of the military I had learned the errors of my ways.  I would like to continue to my serving my country in another fields.  Serving my country is the best job in the world if you would ask me.  I honestly really enjoyed serving my country.  I like the feeling of serving something higher then my self."

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: 060928
Discharge Received: 			   Date: 061024   Chapter: 14       AR: 635-200
Reason: Pattern Of Misconduct	   RE:     SPD: JKA   Unit/Location: C Co, 1-27 IN Bn, Schofield Barracks, HI 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 060627, operated a truck in a reckless manner (060310), unlawfully pushed a female with your hands (060310), and assaulted a PVT (E-2) on (060310), reduction to E-3, suspended, forfeiture of $636 x 2 (suspended),extra duty and restriction for 45 days (FG).

The suspension of the punishment of reduction to E-1; forfeiture of $636 x 2 imposed on (060710) was vacated, effective (060802) based on the applicant's new offense of breaking restriction on (060723).

 060830, broke restriction on (060723), forfeiture of $636 x 2, extra duty and restriction for 45 days (FG). 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  22
Current ENL Date: Reenl/050128    Current ENL Term: 6 Years  ?????
Current ENL Service: 	01 Yrs, 08Mos, 27Days ?????
Total Service:  		04 Yrs, 08Mos, 18Days ?????
Previous Discharges: 	RA-020207-040127/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 11B10 Infantryman   GT: 96   EDU: HS Grad   Overseas: Southwest Asia   Combat: Afghanistan (040323-050318)
Decorations/Awards: AGCM, NDSM, GWOTEM, GWOTSM, ACM,  ASR, OSR, OSB-2, CIB

V.  Post-Discharge Activity
City, State:  Cibolo, TX
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       Evidence of record shows that on 23 September 2006, 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;  in that he wrongfully drove in a reckless manner (060310), assaulted a female (060310), and assaulted a PVT (E-2) (060310), broke restriction (060723), disobeyed a SGT x 2 (060912), (060913), and wrongfully fell asleep while on duty (060913); 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.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.  On 2 October 2006, 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, but a general discharge 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, the issue and supporting document he submitted, 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.  Further, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.”  If the applicant desires to reenlist, he should contact the local recruiter to determine his eligibility to reenlist.  Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes.  In view of the foregoing, the analyst determined that the characterization of service, reason for discharge and the reentry eligibilty (RE) 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: 24 March 2009         Location: Dallas, TX

Did the Applicant Testify?  Yes     No  

Counsel: Yes

Witnesses/Observers: Yes 

Exhibits Submitted: The applicant submitted six additional pages of documents in support of his personal appearance hearing.



VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review, hearing his testimony 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 AR20080019830
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