Applicant Name:  ?????

Application Receipt Date: 2009/06/11	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: 060411
Discharge Received: 			   Date: 060531   Chapter: 14-12b    AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: 594th Trans Co, Fort Campbell, KY 

Time Lost: 23 days, under Title X, USC 972 (060509-060531), the specifics of this period of lost time are not contained in the available record.

Article 15s (Charges/Dates/Punishment): 031022, failure to report (030903), and disobeyed the lawful order of an NCO (030819), reduction to E-3 (suspended), extra duty for 14 days (CG)

021121, failure to report on three occasions (twice on 021006 and once on 021010), 7 days of extra duty (Summarized)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  30
Current ENL Date: 040913    Current ENL Term: 4 Years  ?????
Current ENL Service: 	01 Yrs, 08Mos, 18Days ?????
Total Service:  		11 Yrs, 06Mos, 09Days Includes inactive service
Previous Discharges: 	RA 890511-900824/HD
                                       USAR 980405-040407/HD
                                       RA 020307-040912/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 88M10/Motor Trans Opr   GT: 102   EDU: HS Degree   Overseas: SWA   Combat: Iraq (040622-050601)
Decorations/Awards: NDSM, GWOTEM, GWOTSM, ASR, OSR-2

V.  Post-Discharge Activity
City, State:  Midland, MI
Post Service Accomplishments: None listed.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 11 April 2006, 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 discreditable conduct and conduct prejudicial to good order and discipline including persistent and numerous failures to report, with an under other than honorable conditions discharge.  He was advised of his rights.  On 12 April 2006, the applicant consulted with legal counsel, was advised of the impact of the discharge action, waived his right to appear before an administrative separation board 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 an under other than honorable conditions discharge.  On 21 May 2006, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than honorable conditions.  The applicant was reduced to the lowest enlisted grade.

       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 available military records, and the issue submitted with his application, the analyst found several mitigating factors that would merit a partial upgrade of the applicant's characterization of service to general, under honorable conditions.  
       
       The analyst does not condone the applicant’s misconduct; however, the evidence in this case supports a conclusion that the characterization of service was too harsh, and as a result it is inequitable.  The analyst found that the length and quality of the applicant's service to include his combat service in Iraq mitigated the discrediting entries in his service record.  The record shows the applicant served in the USAR  and in the Regular Army, earned 3 honorable discharges, served in combat as a motor transport operator for nearly one year and received two Articles 15, one was a company grade and the other a Summarized, which was over three years old when the separation action was initiated.  
       
       Accordingly, the analyst recommends that the applicant’s characterization of service be upgraded to general, under honorable conditions.  However, the analyst determined that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable.  This action entails restoration of grade to E-4/SPC.
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 26 March 2010         Location: Washington, D.C.

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 notwithstanding 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 2    No change 3
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 AR20090010442
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