Applicant Name:  ?????

Application Receipt Date: 2009/06/03	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "After been injured at Bosnia I came back to Germany where my moral was low. I was young and immature, I did not go to formations and my senior leadership decided to put me out of the Army. I have become a more mature person and soldier. I have been recommended by my senior leadership to go to Officer School. I have all the requirements asked by the program. This separation code is stoping me from becomming an Officer and advances my military career. I am an older and more discipline soldier. I really hope that you can see that I am a mature and more discipline soldier and help me change this matter. This problem will help me help other soldiers and make sure that not only the enlisted soldiers don’t make the same mistake I did but I will also help the senior leadership to make sure that they don’t let soldiers fall in to the path that I took in my early years as a soldier."

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: 	NIF   Date: NIF
Discharge Received: 			   Date: 960330   Chapter: 14-12b       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKA   Unit/Location: B Btry, 2-3rd FA Regt, APO AE 09045 

Time Lost: None

Article 15s (Charges/Dates/Punishment): NIF

Courts-Martial (Charges/Dates/Punishment): NIF

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  21
Current ENL Date: 951006    Current ENL Term: 04 Years  ?????
Current ENL Service: 	00 Yrs, 11Mos, 25Days ?????
Total Service:  		03 Yrs, 07Mos, 19Days ?????
Previous Discharges: 	RA-930212-951005/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 13B10 Cannon Crewmember   GT: NIF   EDU: 12 Years   Overseas: Germany/Bosnia   Combat: None
Decorations/Awards: AAM, NDSM, AFSM, ASR, OSR, NATO MDL

V.  Post-Discharge Activity
City, State:  Canyon Country, CA 
Post Service Accomplishments: The applicant enlisted in the Army National Guard State of California (030125), for one year and subsequently extended for three years (031203), and attained the rank of SPC/E-4.  Also, he earned a Bachelor's of Science Degree in Electronics and Computer Engineering.  The applicant enrolled in Officer candidate School.  

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
             The facts and circumstances pertaining to the applicant’s discharge from the Army are not contained in the available records.  However, the record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature.  The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, by reason of misconduct, with a general, under honorable conditions discharge.  
       
       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 available 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 analyst determined that the applicant’s available record of service during the period of enlistment under review does not contain the specific facts and circumstances concerning the events that led to the discharge from the Army.  However, the applicant’s record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature.  This document identifies the reason and characterization of the discharge and the analyst presumed government regularity in the discharge process.  
       
       The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, by reason of misconduct, with a characterization of service of general, under honorable conditions.  Barring evidence to the contrary, 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.
       
       The analyst noted the applicant's issue that he was young and immature.  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.
       
       The analyst acknowledges the applicant's successful transition to civilian life and noted the many accomplishments outlined with the application and in the documents with the application.  However, in review of the applicant’s entire service record, the analyst found that these accomplishments did not overcome the reason for discharge and characterization of service granted. 
       
       The analyst determined that the applicant’s Official Military Personnel File (OMPF) does not contain all the specific documents that would indicate the reason for the separation action from the United States Army.  If the applicant desires to appear before a personal appearance Board, the burden of proof remains with the former Soldier to provide the appropriate documents or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board’s consideration.
        
       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: 19 May 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 
Exhibits Submitted: The applicant submitted the following documents:  Three (3) Self-Authored Memoranda For Record, dated (090508), (090508), (090508); two (2) Letters of Recommendation, dated (090521), (080608); Character Statement, dated (090508); Support Statement, dated (080306); and a DD Form 214, dated (960930).   

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: None



























Legend:
AWOL    	Absent Without Leave		GCM   General Court Martial	NA   Not applicable			SCM	Summary Court Martial
BCD   	Bad Conduct Discharge	GD      General Discharge	NIF   Not in the file			SPCM	Special Court Martial
CG 	Company Grade Article 15	HD      Honorable Discharge	OAD   Ordered to Active Duty		UNC	Uncharacterized Discharge  
DD 	Dishonorable Discharge	HS       High School Graduate	OMPF   Official Military Personnel File	UOTH  	Under Other Than Honorable 
FG	Field Grade Article 15		IADT   Initial Active Duty Training	RE     Reentry Code				Conditions 

ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090010093
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