Applicant Name:  ?????

Application Receipt Date: 2009/01/06	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See enclosed 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: 050305
Discharge Received: 			   Date: 050314   Chapter: 14-12c       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKQ   Unit/Location: E Btry, 3-43 ADA, Fort Bliss, TX 

Time Lost: AWOL for  98 days (030729-031103), surrendered.

Article 15s (Charges/Dates/Punishment): 050204, willfully disobey a lawful command from a CPT (050114), and break restriction (050114); reduction to E-1, forfeiture of $617 pay x 2 months, extra duty for 45 days, and restriction for 45 days (FG). 

050105, AWOL x 2; extra duty for 7 days, and restriction for 14 days (Summarized).  However, the Article 15 is not part of the available record. 

Courts-Martial (Charges/Dates/Punishment): 040115, AWOL (030729-031104), steal a Wells Fargo Check Card, of a value of less than $500, the property of JPP (030623), on divers occasions steal cash money, a value of less than $500,  the property of JPP (030623-030701); reduction to E-1, forfeiture of $795 pay, 45 days hard labor, and sixty (60) days restriction.

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 020625    Current ENL Term: 4 Years  ?????
Current ENL Service: 	02 Yrs, 05Mos, 12Days ?????
Total Service:  		02 Yrs, 05Mos, 12Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 14E10 Patroit Fire Control Operator   GT: 111   EDU: HS Grad   Overseas: Southwest Asia   Combat: Qatar/Kuwait (030224-030528)
Decorations/Awards: ARCOM, NDSM, GWOTEM, GWOTSM, ASR

V.  Post-Discharge Activity
City, State:  Edgewood, TX
Post Service Accomplishments: None Listed





 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 3 March 2005, 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 receiving a Summarized Article 15 (050105), receiving a  Field Grade Article 15 (050204), receiving a Summary Court-Martial (040115), and receiving counseling statements x fourteen (14) for missing movement (051123), violating the combat readiness battery (CRB) (040721), having a warrant issued for his arrest (040426), failure to obey a lawful order (040301) and (040304), failure to pay debts (040301), writing bad checks (040305), repetitive disciplinary problems (040222), delinquency of payments (040210), for being AWOL (031106), for larceny (030708), for enrollment into ASAP (030912), and failure to maintain a stable financial status (030106), 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, waived consideration his case by 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 commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.  On 8 March 2005, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions.
       
       The applicant's record contains a Military Police Report dated 2 July 2003, with additional offenses and additional persons related to the report.

       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 and the issues 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, 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.  Further, the analyst considered the applicant’s quality of service during the initial portion of the enlistment under review.  However, this service was determined not to be sufficiently meritorious to warrant an upgrade to the characterization of service.  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, 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 AR20090002415
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