Applicant Name:  ?????

Application Receipt Date: 081201	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The Applicant provided no issues of equity or propriety to be considered by the board.  See enclosed DD Form 293.

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: 020710
Discharge Received: 			   Date: 020828   Chapter: 14-12B       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKA   Unit/Location: HQs Support Co, 3rd Bn, 1st Special Forces Group (Airborne), Ft. Lewis, WA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 001207 on or about 19 November 2000, stole two disposable lighters, the value of about $1.95, the property of Army Air Force Exchange Services; reduction to E1; forfeiture of $234 of pay, to be automatically remitted if not vacated before 5 January 2001, 14 days restriction and 14 days extra duty (CG).

011116 without authority failed to go at the time prescribed to his appointed place of duty on 29 October 2001; was derelict in the performance of his duty in that he willfully failed to secure his weapon; with intent to deceive, made to 1SG an false official statement, which was then known by him to be false; correctional custody for a period of 30 days (FG).

020607 without authority failed to go at the time prescribed to his appointed place of duty on 13 May 2002; willfully disobeyed a lawful order from an NCO; was disrespectful in language and deportment toward a SGT, known by him to be an NCO; with intent to deceive make an false official statement to an NCO, a statement that was false and known by him to be false; reduction to E-3; forfeiture of $323 of pay (suspended); extra duty  and restriction for 14 days (suspended) (CG).

020708 wrongfully used marijuana on or about 3 May 2002 and 3 June 2002 at Ft. Lewis: reduction to E1; forfeiture of $592.00 of pay for two months; extra duty and restriction for 45 days (suspended) (FG).


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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: 000204    Current ENL Term: 4 Years  ?????
Current ENL Service: 	2 Yrs, 6Mos, 25Days ?????
Total Service:  		2 Yrs, 6Mos, 25Days ?????
Previous Discharges: 	None
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 71L/Admin Sp   GT: 89   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR

V.  Post-Discharge Activity
City, State:  Tacoma, WA
Post Service Accomplishments: Applicant states “I have not got into any trouble with the law or broken any rules or regulation that will determine for me not to get my discharge upgrade to an Honorable discharge I’ve been working ever since I got out the military and I am still here in Tacoma Washington taking care of my family, me my daughter and my fiancée”.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 10 July 2002, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 12b, AR 635-200, by reason of misconduct—for Article 15 for larceny of AAFES property, Article 15 for going from his appointed place of duty, dereliction of duties, and making a false official statement, Article 15 for failure to go to his appointed place of duty, disobeying NCO, disrespect to a NCO, and making a false official statement,  Article 15 for  wrongful use of marijuana, with an under other than honorable conditions discharge.  He was advised of his rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, unconditionally waived his right to an administrative separation board, 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 commanders reviewed the proposed discharge action and recommended approval of the separation action with a under other than honorable conditions discharge.  On 7 August 2002, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than 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 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.  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 analyst acknowledges the applicant's successful transition to civilian life.  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.  Further, 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 characterization of service and reason for discharge were both proper and equitable, and recommends to the Board to deny relief.   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.  Therefore, 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: 090909         Location: Washington DC

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: NA
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090000305
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