Applicant Name:  ?????

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

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 and attached documents 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: 001026
Discharge Received: 			   Date: 001207   Chapter: 14-12c      AR: 635-200
Reason: Misconduct	   RE:     SPD: JKQ   Unit/Location: HQ & Support Company, PACOM PSYOPS Bn (ABN), Fort Bragg, NC   

Time Lost: AWOL, 2 days, 000223-000224, returned to unit.

Article 15s (Charges/Dates/Punishment): 000127, In that you, did at Fort Bragg, North Carolina, on ar about 29 November 1999, without authority, fail to go at the time prescribed to your appointed place of duty, to wit:  0630 hours PT formation; On or about 30 November 1999, without authority, fail to go at the time prescribed to your appointed place of duty, to wit:  0630 hours PT formation; Extra duty for 14 days and restriction for 14 days. (CG)

000315, In that you did, on or about 23 February 2000, without authority, absent yourself form your unit, to wit:  Headquarters and Support Company, PACOM Psychological Operations Battalion (Airborne), located at Fort Bragg, North Carolina, and did remain so absent until on or about 24 February 2000; In that you having received a lawful command from your superior commissioned officer, then known by you to be your superior commissioned officer, to not use the computer assigned to your superior commisioned officer, or words to that effect, did, at Fort Bragg, North Carolina, on or about 22 February 2000, willfully disobeying the same; Reduction to Private First Class, Forfeiture of $299.00 pay per month for one month; Extra duty for 14 days; and Restriction for 14 days. (CG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 970224    Current ENL Term: 4 Years  ?????
Current ENL Service: 	03 Yrs, 09Mos, 12Days ?????
Total Service:  		03 Yrs, 09Mos, 12Days ?????
Previous Discharges: 	None
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 92Y10/Supply Spec   GT: 107   EDU: College 1 year   Overseas: Germany   Combat: None
Decorations/Awards: ASR, OSR

V.  Post-Discharge Activity
City, State:  Bay Pines, FL
Post Service Accomplishments: Applicant states that he is attending a local college and participating in a series of alcohol rehabilitation programs. 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 26 October 2000, 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 for larceny and damage to personal property, with a general, under honorable conditions discharge.  He was advised of his rights.  On 30 October 2000, 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 Army 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 1 November 2000, 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, the issue and documents submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.    
       
       There was a full consideration of all faithful and honorable service as well as the infractions of discipline, the extent thereof, and the seriousness of the offenses.  The analyst determined that the applicant’s discharge was appropriate because the quality of 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 the former Soldier’s 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 and determined that the applicant met entrance qualification standards to include age.  There is no evidence that the applicant was any less mature than other Soldiers of the same age who successfully completed military service.  Further, 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.  Additionally, the U.S. Army does not have, nor has it ever had, a policy to automatically upgrade discharges.  Each case is decided on its own merits when an applicant submits a DD Form 293 requesting a change in discharge.  Changes may be warranted if the Board determines that the characterization of service or the reason for discharge or both were improper or inequitable.  
       
       In view of the foregoing, the analyst determined 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: 23 April 2010         Location: Atlanta, GA

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: None 

Exhibits Submitted: Applicant submitted seven documents in support of the personal appearance hearing.

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 AR20090009683
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