Applicant Name:  ?????

Application Receipt Date: 2009/06/10	Prior Review:     Prior Review Date: 2009/05/18

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states "I am asking that my discharge be reviewed because I feel that there is some inaccurate information in my file that reflects negative upon me. I was not treated fairly as a soldier from my command during my last active duty tour to Iraq and strongly believe that their decisions were bias and most of their allegations were untruthful. The punishments received were delivered on personal feelings. Since been discharged, it has had a negative impact on me receiving benefits and applying for jobs and even reenlisting back into the military. The actions of my military commanders deserve further scrutiny and I am asking to get the opportunity to defend myself on this matter. I have exhasted all other avenues of approach regarding the review and change of my discharge."

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: 071008
Discharge Received: 			   Date: 080226   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location:  Co, 2-138 FA, 181st Inf Bn, Camp Cropper, Iraq 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 070723, failure to report for guard mount (070317), to go at the time prescribed to guard mount (070412), treated with contempt a SFC, by failing to stand at parade rest and yelling profanity (070506), failed to obey a lawful order by leaving his barracks building while being on medical quarters (070305), for throwing his body armor, weapon and helmet to the ground out of disgust and anger (070506); reduced to E2 and 30 days restriction (FG).

070922, disobeyed a lawful order to carry his weapon on duty (070730), failing to go at the time prescribed to guard mount (070730), failed to obey a lawful order by not carrying his weapon (070801), failing to go at the time prescribed to the company TOC connex (070830), failed to obey a lawful order by a SSG by departing his place of duty early (070830), failed to obey a lawful order by a CPT to have an escort (070902), failing to go at the time prescribed to the company TOC connex (070907 and 070908); reduced to E1 and 14 days extra duty (CG). 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  22
Current ENL Date: 061204/OAD    Current ENL Term: 00 Years  483 Days
Current ENL Service: 	01 Yrs, 02Mos, 23Days ?????
Total Service:  		04 Yrs, 05Mos, 15Days ?????
Previous Discharges: 	ARNG-030912-040307/NA
                                       IADT-040308-040702/HD
                                       ARNG-040703-040720/NA
                                       AD-040721-050225/HD
                                       ARNG-050226-051229/HD
                                       ARNG-061030-061203/NA (Concurrent Service) 

Highest Grade: E3		Performance Ratings Available: Yes    No 
MOS: 88M10 Motor Transport Operator   GT: 95   EDU: HS Grad   Overseas: SWA   Combat: Kuwait (040801-050201) and Iraq (070130-080108)
Decorations/Awards: AAM, NDSM, ICM, GWOTSM, GWOTEM (Prior Service), HSM, AFRM-2 W/"M" DEV (1 Prior Service), ASR, OSR-2 (1 Prior Service), MESM 

V.  Post-Discharge Activity
City, State:  Louisville, KY
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 8 October 2007, 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 pattern of misconduct—for substandard duty performance, negative counseling statements and recent and ongoing violations of the Uniform Code of Military Justice (UCMJ) throughout the course of mobilization and deployment, 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 submitted 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 20 November 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.  The applicant was initially provided a DD Form 214 which indicated that he had received a honorable characterization of service.  It was later corrected by a DD Form 215 dated 18 March 2008 to reflect a characterization 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 the applicant’s military records, and the issue and documents 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 former Soldier’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 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 issues; however, the narrative reason for separation is governed by specific directives.  The applicant was discharged under the provisions of Chapter 14, paragraph 14-12b, AR 635-200.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Pattern of Misconduct", and the separation code is "JKA."  Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be entered under this regulation.  
       
       The analyst found no evidence of arbitrary or capricious actions by the command and was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  Furthermore, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.”  If reenlistment is desired, the applicant should contact the local recruiter to determine 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 if appropriate.  
       
       The analyst noted the applicant's issue; however, the 
       Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.
       
       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.
       
       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: 7 June 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: [redacted] 

Exhibits Submitted: Defense Finance Accounting Servvice (12 pages), Letter from congressman (5 pages), chain of command, DA Form 31, developmental counseling forms (10 pages).

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant's record of service during the period of enlistment under review, hearing his testimony, the statements from his witness 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 AR20090010219
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