Applicant Name:  ?????

Application Receipt Date: 2008/12/19	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "While stationed at Ft. Hood, TX I was repeatedly beat up, goaded, and made fun of by other soldiers.  They provoked me in every way possible in order to ruin my reputation among my command.  Late in my tour in Iraq it all started and my fears started to get to me and soldiers repeatedly harassed me and made me feel depressed to the point that I wanted to hurt myself.  After numerous trips to the chaplain, where I felt relaxed and relieved, my command decided that I could not see the chaplain anymore which made things worse.  The reason I request this upgrade is that during my time on active duty  I never got in any trouble besides counseling statements until the last month when I got a company grade article 15, lost rank, and got chaptered all in the same month.  Since then I have enlisted in the Army Reserves and am already a Specialist there.  I believe the reason for my discharge was due to, yes, some of my mistakes but also due to the lack of command and leadership in my old Army unit.  Two of the Army values are Selfless Service and Loyalty which is something that my old unit did not have.  I did not get the proper help that I needed regarding my fears and the harassment.  Please consider me for an Honorable Discharge.  Thank you for your time and consideration".

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: 051216
Discharge Received: 			   Date: 060127   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: HHS, 1-21 FA, !st Cav Div, Fort Hood, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 051208, at Fort Hood, TX, on or about 19 November 2005, the applicant assaulted another Soldier; reduction to Private (E-2), forfeiture of $323.00 pay per month for one month, suspended, to be automatically remitted if not vacated by 9 February 2006, extra duty for 14 days, restriction for 14 days (CG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: 030807    Current ENL Term: 3 Years  ?????
Current ENL Service: 	02 Yrs, 05Mos, 21Days ?????
Total Service:  		02 Yrs, 05Mos, 21Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 92G10/Food Service Specialist   GT: 103   EDU: HS GRAD   Overseas: SWA   Combat: Iraq (040315-050314)
Decorations/Awards: ARCOM, NDSM, GWOTEM, GWOTSM, ASR 

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: The applicant states that he has joined the Army Reserve and earned the rank of Specialist E-4.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 16 December 2005, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, by reason of a pattern of misconduct—for disrespecting a Senior Noncommissioned Officer on 26 January 2005 and 4 June 2004; failing to report to duty on 24 January 2005 and 4 June 2004; assaulting another Soldier on 19 November 2005; disobeying a lawful order on 28 July 2004; behaving disorderly at the Battalion Internet Café on 9 July 2004, 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 which was not found in the available records.  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 12 January 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 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 all the applicant’s military records, and the issue and documents submitted with the 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 the former Soldier’s service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  By the misconduct, the applicant diminished the quality of 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.  The analyst acknowledges the applicant's successful transition to civilian life and noted the many accomplishments outlined with the application and in the documents with the application.  However, in review of the applicant’s entire service record, the analyst found that these accomplishments did not overcome the reason for discharge and characterization of service granted.    Furthermore, the evidence of record shows that the command attempted to assist the applicant in performing and conducting himself to Army standards by providing counseling and by the imposition of non-judicial punishment.  The applicant failed to respond appropriately to these efforts.  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: 16 October 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 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: No Change										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080020040
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