Applicant Name:  

Application Receipt Date: 2009/03/11	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues:   See DD Form 293 submitted by 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: (not dated)
Discharge Received: 			   Date: 080506   Chapter: 14-12c       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: B Co, 1/110th INF REG, Fort Drum, NY 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 080131 - on or about 4 October 2007, willfully disobeyed a lawful order from a noncommissioned officer to refrain using any type of entertainment device while on guard near FOB Berstein, Iraq, on or about 25 September 2007, dereliction in the performance of duties by willfully failing to sign out, on or about 1 October 2007, dereliction in performance of duties by culpable inefficiency by failing to maintian OPSEC information, on or about 3 October 2007, derelict in performance of duty by failing to be in proper uniform for guard duty at FOB Berstein, on or about 14 September 2007, making a false official statement to an NCO at or near Camp Buehring, Kuwait,  on or about 14 September 2007, through neglect, lose an extractor pin of an M4 rifle, value of $500.00 or less, on or about 3 October 2007, at or near FOB Berstein, Iraq was found sleeping at your guard post, on or about 14 September 2007, negligent discharge of an M4 rifle in the rear of a HMMWV; reduction to E1, forfeiture of $650.00 pay per month for two months, 45 days extra duty and restriction and oral reprimand (FG). 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  22
Current ENL Date: 080522    Current ENL Term: 6 Years  ?????
Current ENL Service: 	1 Yrs, 4Mos, 3Days ?????
Total Service:  		4 Yrs, 9Mos, 6Days ?????
Previous Discharges: 	RA - (030710-070811) HD
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 11B10 Infantryman   GT: 86   EDU: HS Grad   Overseas: SWA   Combat: Iraq (070905-071122), previous combat tour not listed in file
Decorations/Awards: BSM/"V" Device, ARCOM, AGCM, NDSM, GWOTSM, ICM ASR, OSR (2)

V.  Post-Discharge Activity
City, State:  
Post Service Accomplishments: Applicant has obtained employment, re-enrolled in school and taken personal responsibility for his life as well as that of his family.




VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
             The evidence of record shows that on 18 March 2008, 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 making a false official statement to an NCO, losing an extractor pin from his M4 rifle, negligent discharge of an M4 rifle in the rear of a HMMWV, failing to sign out, failing to maintian OPSEC information, failing to be  in proper uniform for guard duty, falling asleep on guard duty and disobeying a lawful order from an NCO, 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.  Although the document is not dated, 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 the applicant's issue and determined 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. 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.  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: 04 December 2009         Location: Washington, D.C.

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 2    No change 3
Reason -     Change 0    No change 5
)
								         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 AR20090003977
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