Applicant Name:  ?????

Application Receipt Date: 2009/01/15	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

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

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   ?????

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: 070820
Discharge Received: 			   Date: 070918   Chapter: 14-12c       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKA   Unit/Location: Rear Det, 5-73 Cav Regt, Fort Bragg, NC 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 070717, disrespectful in language and deportment towards a SGT (070628), willfully disobey a lawful order from a SGT (070628), dereliction of duty (070703-070709); reduction to E-3, forfeiture of $864 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.  Soldier’s Overall Record
Age at current enlistment:  24
Current ENL Date: 070102    Current ENL Term: 5 Years  ?????
Current ENL Service: 	00 Yrs, 08Mos, 17Days ?????
Total Service:  		04 Yrs, 04Mos, 27Days ?????
Previous Discharges: 	USAR-030421-030519/NA
                                       ADT-030520-031011/NA
                                       USAR-031012-040301/NA
                                       RA-040302-070101/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 19D1P Cavalry Scout/68E1P Dental Spec   GT: 99   EDU: GED   Overseas: Southwest Asia   Combat: Iraq (061106-070517)
Decorations/Awards: ARCOM, AGCM, NDSM, ICM, GWOTSM, ASR

V.  Post-Discharge Activity
City, State:  Fort Bragg, NC
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 20 August 2007, 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 disrespecting and refusing to obey an order from a NCO (070703), failure to report (070712), failure to complete his corrective training (070716), failure to wear the proper uniform (070724), failure to meet standard for daily personal hygiene (070724), and threatening and disrespecting a NCO (070725), with a general, under honorable conditions discharge.  He was advised of his rights.  The applicant's election of rights is not contained in the available record and the analyst presumed government regularity in the discharge process.  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 7 September 2007, 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.
       
       The analyst noted that on the applicant's DD Form 214, block 25, "Separation Authority" reads "Paragraph 14-12c), block 26, "Separation Code (SPD)" reads "JKQ", and block 28, "Narrative Reason For Separation" reads "Misconduct-Commission of a Serious Offense.  However, the applicant was notified of initiation of separation action under the provisions of Chapter 14, Paragraph 14-12b, AR 635-200, by reason of pattern of misconduct.

       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, after careful consideration of the applicant's entire service record, to include his faithful and honorable service, the analyst found that this service was determined not to be sufficiently meritorious to warrant an upgrade of the discharge under review.  Finally, the analyst acknowledges the applicant's successful transition to civilian life and the accomplishment outlined in his application.  However, in review of the applicant’s entire service record, the analyst found that this accomplishment 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 to the Board to deny relief. 
       
       Additionally, the analyst found that someone in the separation process erroneously entered on the applicant's DD Form 214, block 25, "Separation Authority" to read Paragraph 14-12c, block 26, "Separation Code (SPD)" to read "JKQ," and block 28, "Narrative Reason For Separation" reads "Misconduct-Commission of a Serious Offense."  The analyst recommends that that block 25, "Separation Authority" be administratively changed to read "Paragraph 14-12b, block 26, "Separation Code" changed to "JKA"  and block 28, "Narrative Reason For Separation" changed to " Pattern of Misconduct" as the applicant was notified.  Except for the forgoing modification to the applicant's Separation Authority, Separation Code (SPD), and the Narrative Reason For Separation, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable.
       
       
       
       
       
       
       
       
       
       
       

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 directs ARBA St. Louis to administratively change block 25, "Separation Authority" to "Paragraph 14-12b, block 26, "Separation Code (SPD)" to "JKA"  and block 28, "Narrative Reason For Separation" changed to "Pattern of Misconduct."  Except for the forgoing modifications to the applicant's Separation Authority, Separation Code (SPD), and the Narrative Reason For Separation," 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: The Board directs ARBA St. Louis to administratively change block 25, "Separation Authority" to "Paragraph 14-12b, block 26, "Separation Code (SPD)" to "JKA"  and block 28, "Narrative Reason For Separation" to "Pattern of Misconduct." 										
RE Code: 
Grade Restoration:   No   Yes   Grade: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090002517
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