Applicant Name:  ?????

Application Receipt Date: 2009/02/09	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 149 and attached documents submitted by the applicant in lieu of 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: 081121
Discharge Received: 			   Date: 081224   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: HHC, Fort Lewis, WA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 080817, failure to report x 5 (080725), (080728), (080729), (080801), and  (080805); willfully disobey a lawful order from a SFC (080724), dereliction of duty (080620), and with intent to deceive, make a false official statement to a SGT (080728); reduction to E-3, forfeiture of $417 pay, extra duty for 14 days, and restriction for 14 days (CG). 

080304, failure to report x 4 (071211), (080125), (080214), and (080220); and with intent to deceive, make a false official statement to a SGT (080220); extra duty for 14 days, and restriction for 14 days (Summarized). 

080314, 4 days of extra duty and 4 days of restriction were remitted.  

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  22
Current ENL Date: 080314    Current ENL Term: 6 Years  ?????
Current ENL Service: 	00 Yrs, 09Mos, 12Days ?????
Total Service:  		04 Yrs, 06Mos, 04Days ?????
Previous Discharges: 	RA-040621-070201/HD
                                       RA-070202-080313/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 27D10 Paralegal Spec   GT: 110   EDU: HS Grad   Overseas: Germany/Southwest Asia   Combat: Iraq (051102-061021)
Decorations/Awards: ARCOM, AAM, AGCM, NDSM, ICM-W/2 BSS, GWOTSM, ASR, OSR-2, OSB-2

V.  Post-Discharge Activity
City, State:  Turlock, CA
Post Service Accomplishments: None Listed






VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 21 November 2008, 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 misconduct-pattern of misconduct for failure to report x 10 (071211), (080125), (080214), (080220), (080725), (080728), (080729), (080801), (080805) and (081021); dereliction of duty (080620), making false official statements x 2 (080220) and (080728), and disobeying a NCO (080724), 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.  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 5 December 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 discharge.

       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 applicant’s 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 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 creation of discharge certificates is not within the purview of the Army Discharge Review Board.  A copy of the appropriate discharge certificate may be acquired by submission of a Standard Form 180 obtained from a local military installation to the applicable address:  Former active duty Army and Reserve Personnel:  National Personnel Records Center Military Personnel Records, 9700 Page Boulevard, St Louis, MO  63132.  The Center will only create an initial certificate for personnel who have not previously received a certificate of discharge.  Further, eligibility for veteran's benefits to include educational benefits under the Montgomery GI Bill 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.  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 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: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090002370
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