Applicant Name:  ?????

Application Receipt Date: 2009/05/18	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "I Turhan D. Knight was enlisted in the United States Army for 3 years. I re-enlisted on November 29, 2006 to stay in my unit, 3/4 Air Defense Artillery Regiment. Several days after I put in for leave and was granted permission to go home, were I received information about situations that were going on at home in my personal life. My parents were loosing the home, and I also heard that my Girlfriend was pregnant with my child. After coming back to my unit after the first of the year I was not really in the right frame of mind and could not focus fully on my job. I missed three PT formations and had numerous calls from my child's mother to my unit. I was council and told that I would be considered for chapter out of the army. I asked if i could be sent to another unit and was told no. I was never given chance of rehabilitative transfer, or the right to appeal. I was told If i did it would make it worse on me because I had no rank to win my appeal. I was used for unit inventories, moving of the unit across post and a TDY field problem. After all of this was over I was told to start my ACAP process and that my chapter was being pushed. After i received my two company grade article 15's for the formations and the calls I had no other infractions. Since being chapter-ed out of the Army I have enrolled in school, had a daughter and matured more. I am asking for the opportunity to fulfill my obligation I made to the army, and further my Army career. I was a good soldier, i just had a bad period in my life and my NCO's failed to help me. I would greatly appreciate it if i could be granted a change in my discharge and re-entry code, so that I could do this. Thank you for giving me the opportunity to plead me case."

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: 070719
Discharge Received: 			   Date: 070829   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: Maintenance Co, 3-4th ADA Regmt, Fort Bragg, NC 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 070418, with intent to deceive, made a false official statement to a noncommissioned officer (070320); reduction to E-2, forfeiture of $340 pay x 1 month (suspended), extra duty for 14 days, and restriction for 14 days (CG).

070212, failure to report x 3 (070124), (070111), and (070104); reduction to E-3, forfeiture of $380 pay (suspended), extra duty for 14 days, and restriction for 14 days (CG).

070326, the suspension of punishment of forfeiture of $380 pay was vacated for new offense of failure to report  (070308).

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

Counseling Records Available: Yes    No 








IV.  Soldier’s Overall Record
Age at current enlistment:  22
Current ENL Date: 061130    Current ENL Term: 5 Years  The applicant's Enlisted Record Brief (ERB) shows his expiration term of service (ETS) date of (111129)
Current ENL Service: 	00 Yrs, 09Mos, 00Days ?????
Total Service:  		02 Yrs, 11Mos, 00Days ?????
Previous Discharges: 	RA-040930-061129/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 63J1P QM & Chem Equipment Repairer   GT: 94   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: AAM, NDSM, GWOTSM, ASR

V.  Post-Discharge Activity
City, State:  Columbus, GA 
Post Service Accomplishments: The applicant claims since his discharge he is enrolled in school.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 14 June 2004, 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 two (2) Company Grade Article 15s, a vacation of punishment for false official statements and FTRs, and  numerous counselings on diverse occasions, 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 7 August  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.

       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 document 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 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. 
       
       The analyst noted the applicant's issues regarding his family problems, and that he was not in the right frame of mind and could not fully focus on his job; however, the applicant had many legitimate avenues through which to obtain assistance or relief, without committing the misconduct, which led to the separation action under review.
       
       Further, the evidence of record shows that the command attempted to assist the applicant in performing and conducting himself to Army standards by providing counseling and by the imposition of non-judicial punishment.  The applicant failed to respond appropriately to these efforts.
       
       AR 635-200, paragraph 1-16d(2), entitled counseling and rehabilitative requirements states that the rehabilitative requirements may be waived by the separation authority in circumstances where common sense and sound judgment indicate that such transfer will serve no useful purpose or produce a quality Soldier.
       
       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.  
       
       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.
         
       Therefore, the analyst determined that the reason for discharge, the characterization of service to include the reentry eligibility (RE) code 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: 24 March 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: No Change
Other: No Change										
RE Code: 
Grade Restoration:   No   Yes   Grade: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090008594
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