Applicant Name:  ?????

Application Receipt Date: 2009/01/22	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: 001107
Discharge Received: 			   Date: 001219   Chapter: 14-12b       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKA   Unit/Location: 73rd Trans Co, Fort Eustis, VA 

Time Lost: AWOL for 2 days (000802-000803), mode of return unknown.  However, this period of AWOL is not annotated on the DD Form 214 block 29, dates of time lost during this period.  See DA Form 4187s.

Article 15s (Charges/Dates/Punishment): 000824, failure to report x 5 (000510), (000519), (000728), (000705), and (000811), AWOL (000802-000803), dereliction of duty x 2 (000514) and (000811), and broke restriction (000526); reduction to E-1, forfeiture of $500 x 2, one month (suspended),  and extra duty for 45 days (FG).

000323, dereliction of duty (000503); reduction to E-3 and restriction for 7 days (CG).

000301, failure to report (000115) and dereliction of duty (000213); 14 days extra duty and 14 days restriction (Summarized). 

Courts-Martial (Charges/Dates/Punishment): 001003, SCM, AWOL (000831-000905), failure to report x 5 (000914),  (000914), (000915),  (000916), and (000917), dereliction of duty x 2 (000911-000912) and (000914), and made a false official statement to a SFC (000905); forfeiture of $670 and confinement for 30 days. 

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 970819    Current ENL Term: 4 Years  with an approved medical waiver (970703); block 12a on the DD Form 214, date entered active duty this period is incorrect, should read (970819), see enlistment contract.  
Current ENL Service: 	03 Yrs, 04Mos, 01Days ?????
Total Service:  		03 Yrs, 04Mos, 01Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 88K10 Watercraft Operator   GT: 97   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: AAM, ASR 

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




VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       Evidence of record shows that on 7 November 2000, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, Prargraph 14-12b, AR 635-200, by reason of misconduct—pattern of misconduct for failure to report x 11 (000115), (000213), (000510), (000519), (000705), (000728), (000811), (000914), (000915),  (000916), and (000917), AWOL x 2 (000802-000803) and (000831-000905), dereliction of duty x 3 (000514), (000911-000912) and (000914), broke restriction (000526), he failed to complete corrective training, and made a false official statement (000905), 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 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 20 November 2000, 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, but a general discharge 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 issue 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 and determined 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.  Further, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.”  If the applicant desires to reenlist, he should contact the local recruiter to determine his 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.  In view of the foregoing, the analyst determined that the characterization of service, reason for discharge to include the reentry eligibility (RE) code was both proper and equitable and recommends to the Board to deny relief. 

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 27 July 2009         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: No

Witnesses/Observers: No 

Exhibits Submitted: No


VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review, hearing his testimony 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 AR20090004316
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