Applicant Name:  ?????

Application Receipt Date: 2009/04/14	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant requested that "his discharge be changed from a general to a full honorable."

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: 061106
Discharge Received: 			   Date: 061127   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: Delta Company, 3rd Battalion, 101st Aviation Regiment, Fort Campbell, KY 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 060411; Failed to go to his appointed place of duty on or about 060213; disrespectful in language towards (SGT), a noncommissioned officer on or about 060213; disobeyed a lawful order from (SGT), a noncommissioned officer on or about 060315; disrespectful in language towards (SGT), a noncommissioned officer on or about 060315; disrespectful in language towards (SSG), a noncommissioned officer on or about 060401; reduction to Private (E-2); suspended to be automatically remitted if not vacated before 060901; forfeiture of $372.00 pay; restriction for 14 days; oral reprimand (CG).

Article 15; 060809, Willfully disobeyed a lawful order from (SSG), a noncommissioned officer on or about 060722; disrespectful in deportment towards (SSG), a noncommissioned officer on or about 060722; reduction to Private (E-1); forfeiture of $686.00 pay per month for two months; suspended, to be automatically remitted if not vacated before 070109; extra duty and restriction for 45 days; oral reprimand (FG). 

The suspension of the punishment of reduction to Private (E-2) imposed on 060417 was vacated, effective 060517, based on the applicant's offense of breaking restriction on or about 060512.

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  24
Current ENL Date: 030429    Current ENL Term: 6 Years  ?????
Current ENL Service: 	3 Yrs, 6 Mos, 29 Days ?????
Total Service:  		3 Yrs, 6 Mos, 29 Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 15R10 AH-64 Attack Helicopter Repairer   GT: 99   EDU: 13 Years   Overseas: Southwest Asia   Combat: Kuwait/Iraq (050906-060820)
Decorations/Awards: GCMDL, NDSM, GWOTSM, ICMDL, ASR, OSR

V.  Post-Discharge Activity
City, State:  ?????
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 3 November 2006, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12b, AR 635-200, by reason of a pattern of misconduct; in that he received one Company Grade Article 15 on 060417; one vacation of suspension on 060417; one Field Grade Article 15 on 060809; and received a citation from the Military Police for driving under the influence of alcohol on post on 060914, 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 9 November 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, 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, 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 applicant'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 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 analyst considered the applicant’s quality of service during the initial portion of the enlistment under review.  Further, this service was determined not to be sufficiently meritorious to warrant an upgrade to the characterization of discharge.  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: 20 January 2010         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: NA
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090007710
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