Applicant Name: ?????
Application Receipt Date: 2009/05/01 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See 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: 081116
Discharge Received: Date: 090209 Chapter: 14-12a AR: 635-200
Reason: Misconduct (Minor Infractions) RE: SPD: JKN Unit/Location: A Btry, 3-29th FA Regt, APO AE 09378
Time Lost: None
Article 15s (Charges/Dates/Punishment): 081026, wrongfully appropriate an IPOD charger cable, of a value of about $100, the property of another Soldier (081006-081013), while receiving special duty pay under USC section 310, dereliction of duty x 3 (081011), (081011), (081012), and with intent to deceive, made a false official statement to a SSG (081011); reduction to E-1, forfeiture of $674 pay x 2 months (FG).
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 27
Current ENL Date: 060103 Current ENL Term: 3 Years 16 Weeks
Current ENL Service: 03 Yrs, 01Mos, 07Days ?????
Total Service: 03 Yrs, 01Mos, 07Days ?????
Previous Discharges: None
Highest Grade: E-3 Performance Ratings Available: Yes No
MOS: 13B10 Cannon Crewmember GT: 88 EDU: HS Grad Overseas: Southwest Asia Combat: Iraq (060601-061031) and (071203-090131)
Decorations/Awards: ARCOM-2, NDSM, ICM-W/CS, GWOTSM, ASR, OSR, CAB
V. Post-Discharge Activity
City, State: Titusville, PA
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 26 October 2008, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12a, AR 635-200, by reason of misconduct-minor infractions for receiving a Field Grade Article 15 (081026), for misbehavior of a sentinel while receiving special pay, wrongful appropriation, false official statement, and dereliction of duty on two different occasions 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 a general, under 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.
The applicant's record contains an Administrative Admonishment dated 1 October 2008, for dereliction of duty.
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 applicants military records during the period of enlistment under review, the issues and document he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The applicants 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 applicants service mitigated the misconduct or poor duty performance.
Furthermore, the analyst noted the applicant's issue regarding being singled out because of his weight and 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.
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: 16 February 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 applicants record of service during the period of enlistment under review and considering the analysts 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 AR20090008174
______________________________________________________________________________
Page 1 of 3 pages
AF | DRB | CY2006 | AR20060016223
Facts, Circumstances, and Legal Basis for Separation a. The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, AR 635-200, Paragraph 12a by reason of misconduct-minor infractions with a characterization of service of general, under honorable conditions. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: CHRISTINE U. MARTINSON DATE: 27 December 2007 Lieutenant...
ARMY | DRB | CY2008 | AR20080015694
Facts and Circumstances: The evidence of record shows that on 18 June 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, Paragraph 14-12a, AR 635-200, by reason of misconduct-minor discliplinary actions for receiving numerous counseling statements for misconduct, with a general, under honorable conditions discharge. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation...
ARMY | DRB | CY2010 | AR20100030427
Applicant Name: ????? On 10 December 2008, 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. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: No Change RE Code: Grade Restoration: No Yes Grade: No Change Legend: AWOL Absent Without Leave GCM General Court Martial NA Not applicable SCM Summary Court...
ARMY | DRB | CY2007 | AR20070010700
The applicant consulted with legal counsel, was advised of the impact of the discharge action, waived consideration of case by an administrative separation board, and did submit a statement in his own behalf, which was not found in the available records. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge. On 31 October 2005, the separation authority waived further...
ARMY | DRB | CY2009 | AR20090007770
Facts and Circumstances: The evidence of record shows that on 24 April 2002, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of misconduct commission of a serious offense in that he tested positive on a urinalysis for marijuana use (011115) and again (020221), and also demonstrated a pattern of misconduct including failures to repair and dereliction of duty, with an under other than...
ARMY | DRB | CY2006 | AR20060012049
Original Character of Discharge Unit CDR Recommended Discharge: Date: 040908 Discharge Received: Date: 041028 Chapter: 14 AR: 635-200 Reason: Misconduct RE: SPD: JKQ Unit/Location: 403rd Transportation Company, 7th Transportation Battalion, Fort Bragg, NC 28310-5000 Time Lost: Absent without leave for a total of 147 days (040317-040810). Facts and Circumstances: Evidence of record shows that on 8 September 2004, the unit commander notified the applicant of initiation of separation action...
ARMY | DRB | CY2008 | AR20080009246
Applicant Name: ????? On 29 October 2007, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general,under honorable conditions. 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...
ARMY | DRB | CY2007 | AR20070006169C071116
The applicant consulted with legal counsel, was advised of the impact of the discharge action, unconditionally waived consideration of his case by an administrative separation board per his offer to plead guilty (pretrial agreement), dated 9 January 2004, and did not submitted a statement in his own behalf. On 6 February 2004, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than...
ARMY | DRB | CY2007 | AR20070006169C071116
The applicant consulted with legal counsel, was advised of the impact of the discharge action, unconditionally waived consideration of his case by an administrative separation board per his offer to plead guilty (pretrial agreement), dated 9 January 2004, and did not submitted a statement in his own behalf. On 6 February 2004, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than...
ARMY | DRB | CY2006 | AR20060013039
The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge and referred the case to an administrative separation board. On 14 October 2003, the separation authority directed that the applicant be discharged with a characterization of service of under other than honorable conditions and that he be reduced to private/E1. Certification Signature and Date Approval Authority: MARK E....