Applicant Name: ?????
Application Receipt Date: 2009/02/09 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: The applicant states "The reason my discharge should be changed to honorable is because I would love to go back in and it is hard to do with my dd214, it would be nice to have my rank turned back to specialist also. I served a total of 5 years continuous service with service to Iraq for 1 year honorably, please help."
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: 080814
Discharge Received: Date: 080903 Chapter: 14-12c AR: 635-200
Reason: Misconduct (Serious Offense) RE: SPD: JKQ Unit/Location: Delta Fwd Spt Co, 4-9 Cav Regt, Fort Hood, TX
Time Lost: None
Article 15s (Charges/Dates/Punishment): 080719, assault upon a Military Policeman (080614), drunk and disorderly, which conduct was of a nature to bring discredit upon the armed forces (080614); reduction to E-1, forfeiture of $673 pay x 2 months, extra duty for 45 days, and restriction for 45 days (FG).
071017, failure to obey a lawful general order, by wrongfully consuming alcohol (070924); reduction to E-2; forfeiture of $779 pay x 2 months, extra duty for 45 days, and restriction for 45 days (FG).
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 26
Current ENL Date: 070125 Current ENL Term: 4 Years ?????
Current ENL Service: 01 Yrs, 07Mos, 29Days ?????
Total Service: 05 Yrs, 07Mos, 12Days block 12e on the DD Form 214 total prior inactive service, is incorrect and should read 00 Yrs, 02 Mos, 16 Days, to account for delayed entry program period.
Previous Discharges: USAR-030122-030407/NA
RA-030408-070124/HD
Highest Grade: E-4 Performance Ratings Available: Yes No
MOS: 63H10 Track Vehicle Mechanic GT: 98 EDU: GED Overseas: Southwest Asia Combat: Iraq (070421-080109)
Decorations/Awards: NDSM, ICM-W/CS, GWOTSM, ASR, OSR
V. Post-Discharge Activity
City, State: Conway, NH
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 14 August 2008, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, Paragraph 14-12c, AR 635-200, by reason of misconduct-commission of a serious offense for violating of General Order number 1 by wrongfully consuming alcohol (070924), being drunk and disorderly, and assaulting a military police officer (080614), with a general, under honorable conditions discharge. He was advised of his rights. The applicant waived 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 general, under honorable conditions discharge. On 20 August 2008, 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 applicants military records during the period of enlistment under review, the issues and documents he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The applicants 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 applicants service mitigated the misconduct or poor duty performance. Furthermore, the analyst noted the applicant's issue; however, 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 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. Further, the restoration of grade does not fall within the purview of this Board. The applicant may apply to the Army Board for Correction of Military Records (ABCMR), utilizing DD Form 149 regarding this matter. An application for that Board is enclosed. Finally, the analyst acknowledges the applicant's in service accomplishments outlined with the application. However, in review of the applicants entire service record, the analyst found that these accomplishments did not overcome the reason for discharge and characterization of service granted. 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 that the Board deny relief.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 10 November 2009 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 applicants record of service during the period of enlistment under review and considering the analysts 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 AR20090002036
______________________________________________________________________________
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