Applicant Name:  ?????

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

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "I WOULD LIKE MY GENRAL UNDER CONDTION CHANGED BECAUSE I BELEAVE I DID A GREAT JOB 
SERVING MY ARMY MY COUNTRY.  I MADE A FEW MISTAKES THAT I WILL HAVE TO LIVE WITH SUCH HAS DISOPOINTING MY FAMILY 
AND MOST OF ALL MY COUNTRY. AFTER LEAVING FT LEWIS WA WHICH I DEPLOYED WITH 1/25TH STRYKER BIRGADE WHERE I MADE 
SPC UNDER TWENTY FOUR MONTHS NEVER HAD ANY PROBLEMS IN THAT UNIT.  THAN PCS TO FT DRUM NY WHICH WAS A BRAND NEW 
UNIT AND I DEPLOYED WITH THEM WHERE I MADE A FEW MISTAKES THAT I NOW REGRET BECAUSE I LOVE THE ARMY. SO I ASK YOU 
PLEASE CHANGE IT SO I CAN USE MY GI BILL TO FURTHER MY EDUCATION. SO MY FAMLIY CAN BE PROUD OF ME ONCE MORE. IF 
COULD I WOULD GO BACK AND NOT COMMITE THE SAME MISTAKES I DID TO TAKE ME OUT OF THE THING I LOVED DOING THANK AND 
HAVE A GRAT DAY".

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: 081115
Discharge Received: 			   Date: 080710   Chapter: 14-12b      AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: F Co, 210th BSB, 2d BCT, Ft Drum, NY 

Time Lost: AWOL 6 days (080205-080211), returned to his unit.

Article 15s (Charges/Dates/Punishment): 061130, derelict in the performance of his duty x2 on (060817 and 061018), 
willfully disobey a lawful order between x3 (061009-061013, 061015 and 061024), disrespect in language and deportment 
towards an NCO on (061015); reduction to E3, forfeiture of $394 pay per month for one month, suspended to be 
automatically remitted if not vacated before 070529; extra duty and restriction 14 days and oral reprimand (CG).

080305, fail to go to time prescribed on (080211) and willfully disobey a lawful order on (080207); reduction to E3 
and forfeiture of $417 pay per month for one month, suspended to be automatically remitted if not vacated before 
080902, extra duty and restriction 14 days and oral reprimand (CG).

080429, vacation of suspension; reduction to E3 and forfeiture of $417 pay per month for one month suspended to 
be automatically remitted if not vacated before 080902 imposed on 080305 for operating a car while the alcohol 
concentration was .18 grams or more of alcohol on (080327) (CG). 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  23
Current ENL Date: 050617    Current ENL Term: 6 Years  ?????
Current ENL Service: 	4 Yrs, 07Mos, 29Days ?????
Total Service:  		4 Yrs, 07Mos, 29Days ?????
Previous Discharges: 	RA 031105-050616/HD
                                       (Concurrent Service)
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 63B/Wheeled Vehicle Mech   GT: 93   EDU: NIF   Overseas: SWA   Combat: Iraq (080205-080211)
Decorations/Awards: NDSM, GWOTEM, GWOTSM, ASR, ICM w/1BSS

V.  Post-Discharge Activity
City, State:  Wheatland, CA
Post Service Accomplishments: None submitted by the applicant.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 13 May 2008, the unit commander notified the applicant of initiation of 
separation action under the provisions of Chapter 14, paragraph 12b, AR 635-200, by pattern of misconduct for 
derelict in his duty x2 on (060817 and 061018), disobeyed a lawful order x3 on (061024, 061013, and 080207) and 
failed to go at the time prescribed to your appointed place of duty x3 (071210, 080205 and 080211) and operated 
a motor vehicle with a blood alcohol content of 0.18% on (080327), 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 an under other than 
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 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 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.  The analyst noted the applicant's issue 
and determined that eligibility for veteran's benefits to include educational benefits under the Montgomery GI 
Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should 
contact a local office of the Department of Veterans Affairs for further assistance.  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: 20 November 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: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090006365
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