Applicant Name:  ?????

Application Receipt Date: 2009/02/17	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 and attached documents 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: 080806
Discharge Received: 			   Date: 080814   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: A Co, Warrior Transition Bn, Fort Campbell, KY  

Time Lost: None

Article 15s (Charges/Dates/Punishment): 080701, failure to report x 2 (080514), (080516), willfully disobey a lawful order from a SFC x 2 (080103), (080516), willfully disobey a lawful order from a 1SG (080112), and  willfully disobey a lawful order from a SSG (080108), disrespectful in language towards a SFC (080103), and disrespectful in language towards a SSG (080304); reduction to E-4 (suspended), forfeiture of $1067 pay x 2 months (suspended), extra duty for 45 days (suspended), and restriction for 45 days (suspended), and a written reprimand by the Battalion Commander.

080728, the suspension of punishment of reduction to E-4,  forfeiture of $1067 pay x 2 months, extra duty for 45 days, and restriction for 45 days was vacated for the new offense of disobeying a lawful order from a MAJ (080708). 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  23
Current ENL Date: 051005    Current ENL Term: 6 Years  ?????
Current ENL Service: 	02 Yrs, 10Mos, 10Days ?????
Total Service:  		06 Yrs, 10Mos, 11Days ?????
Previous Discharges: 	RA-011004-051004/HD
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 15F10 Aircraft Electrician   GT: 94   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (030214-040214) and (050902-060802)
Decorations/Awards: ARCOM, AGCM-2, NDSM-2, ICM-W/CS, GWOTSM, ASR , OSR

V.  Post-Discharge Activity
City, State:  Wichita, KS
Post Service Accomplishments: None Listed





 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 6 August 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 being disrespectful towards NCOs x 5 (080103), (080304), (080516), (080625), and (080719); willfully disobey a lawful order from a NCO x 5 (080108), (080520), (080614), (080630), and (080708); willfully disobey and act with disrespect towards a 1SG (080208); failure to report x 3 (080514), (080515), (080516); and disrespectful in language towards a CPT (080719), 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, unconditionally waived his right to 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.  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 applicant’s military records during the period of enlistment under review, the issues and the 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 regarding the recoupment of his reenlistment bonus which is causing him financial hardship; however, this issue 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.  Further, the analyst acknowledges the applicant's independent documentation submitted with the application, to include the (Department of Veterans Affairs) memorandum indicating that the applicant would need long term treatment in a PTSD unit that would address his alcohol problem.  However, the evidence of record does not support the applicant’s contention, that the discharge was the result of any medical condition while on active duty. The applicant was discharged under the provisions of Chapter 14, Paragraph 14-12b, AR 635-200, by reason of misconduct after the Army attempted to rehabilitate the applicant as well as his entire chain of command cooperating and assisting him during his mission as a Soldier.  Further, the applicant was seen by competent medical authority  which cleared him for any administrative action deemed appropriate by the command.  Subsequently, the unit commander initiated the separation action.  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: 14 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 AR20090003012
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