Applicant Name:  ?????

Application Receipt Date: 2009/03/09	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "I feel that my discharge at the time was unfair due to the fact that upon returning from Iraq I was not brought in for a psychological evaluation, instead my chain of command was more focused with shipping me back out. Which only 6 months after leaving a combat theater I was shipped to Bogota, Colombia, South America. Before I left to Iraq I had no punitive action dealing with law enforcement and since I've been home I have not had any such encounters. I feel that if I am still subject to active duty recall, then I should be able to upgrade my discharge to an honorable status. I served honorably for four years and did my part for this country and I only ask for the same in return."

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: 060406
Discharge Received: 			   Date: 060427   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: HHD, 56th Signal Bn, Fort Gordon, GA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 060309, failure to report; reduction to E-1, forfeiture of $640 pay x 2 months, extra duty for 45 days, and restriction for 45 days (FG).  However, the Article 15 is not part of the available record.  See unit commander's recommendation memorandum.

060210, the suspension of punishment of $335 pay was vacated for new offense of failure to repair.  However, the suspension of punishment is not part of the available record.  See unit commander's recommendation memorandum.

050525, willfully disobey a lawful order from a COL x 2 (050403), 040511), and driving under the influence of alcohol (050403); reduction to E-1, forfeiture of $250 pay x 2 months, extra duty for 45 days, and restriction for 45 days(FG).

Date NIF, failure to report x 4, reduction to E-1, forfeiture of $334 pay (suspended), 14 days extra duty, and 14 days restriction (CG).  See unit commander's recommendation memorandum.

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 020809    Current ENL Term: 4 Years  ?????
Current ENL Service: 	03 Yrs, 08Mos, 19Days ?????
Total Service:  		04 Yrs, 05Mos, 28Days ?????
Previous Discharges: 	USAR-011030-020808/NA
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 25U10 Signal Support Systems Spec   GT: 97   EDU: HS Grad   Overseas: Southwest Asia/Columbia   Combat: Iraq (Dates NIF)
Decorations/Awards: NDSM, GWOTEM, GWOTSM, ASR, PUC



V.  Post-Discharge Activity
City, State:  Groveland, FL
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 April 2006, 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 receiving a Field Grade Article 15 for disobeying a lawful order x 2 and driving under the influence in August 2004 that resulted in an automobile accident, being enrolled in the Army Substance Abuse Program (ASAP) on (050906), which the applicant successfully completed, and cited in McDuffie County, GA for driving under the influence of alcohol, 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, 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 general, under honorable conditions discharge.  On 21 April 2006, 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 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, the record does not support the applicant’s contention, and no evidence to support it has been submitted by the applicant, that the discharge was the result of any medical condition.  Further, the analyst found no evidence of arbitrary or capricious actions by the command.  The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  Finally, the analyst acknowledges the applicant's successful transition to civilian life and noted the many accomplishments outlined with the application.  However, in review of the applicant’s entire service record, the analyst found that these accomplishments 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 that the Board deny relief.
       
       
       
       
       
       
       
       
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 11 December 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 AR20090005237
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