Applicant Name:  ?????

Application Receipt Date: 2009/01/26	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 149 in lieu of DD Form 293 submitted by the applicant.

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: 020308
Discharge Received: 			   Date: 020406   Chapter: 14-12b      AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: Co B, 725th FSB, Schofield Barracks, HI 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 010723, disobey a lawful order to fall into company formation and get into the front leaning rest position and do pushups on or about 010703, reduction to E2 and 14 days extra duty (CG).

020116, fail to go at the time prescribed to your appointed place of duty on or about 010607, willfully disobey an order from a NCO on or about 010703 and made a false official statement to an NCO with the intent to deceive on 010913, reduction to E2, suspended, to be automatically remitted if not vacated before 020215, forfeiture of $695 pay per month for one month, suspended, to be automatically remitted if not vacated before 020215 and extra duty for 45 days (FG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  17
Current ENL Date: 991117    Current ENL Term: 4 Years  ?????
Current ENL Service: 	2 Yrs, 04Mos, 20Days ?????
Total Service:  		2 Yrs, 04Mos, 20Days ?????
Previous Discharges: 	None
Highest Grade: E3		Performance Ratings Available: Yes    No 
MOS: 27E/Tow-Dragon Reparier   GT: 119   EDU: HS letter   Overseas: Hawaii   Combat: None
Decorations/Awards: ASR, OSR

V.  Post-Discharge Activity
City, State:  Tampa, FL
Post Service Accomplishments: See the resume submitted by the applicant.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 5 March 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 patterns of misconduct, with a general, under honorable conditions discharge.  She was advised of her rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action and submitted a statement in her 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 21 March 2002, 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.  Furthermore, the analyst noted that the applicant met entrance qualification standards to include age.  There is no evidence that the applicant was any less mature than other Soldiers of the same age who successfully completed military service.  The applicant had many legitimate avenues through which to obtain assistance or relief, without committing the misconduct, which led to the separation action under review. The analyst noted the applicant issues; however, the record does not support the applicant’s contention, and no evidence to support it has been submitted by the applicant, that the discharge was the result of any medical condition.  The analyst found no evidence of arbitrary or capricious actions by the command.  The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  Further, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  At the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.”  If reenlistment is desired, the applicant 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.   Additionally, eligibility for veteran's benefits does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.  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.  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.  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: 23 October 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 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: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090002331
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