Applicant Name:  ?????

Application Receipt Date: 2009/06/17	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: NIF
Discharge Received: 			   Date: 081212   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: HHC, 173d ABCT, APO AE 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 071218, Failed to go at the time prescribed to his appointed place of duty (071213), disobeyed a lawful order from a noncommissioned officer on divers occasions between (071206 and 071213), and derelict in the performance of his duties x 2 (071128 and 071210), reduction to E2; forfeiture of $363.00 pay (suspended); 14 days extra duty; and 14 days restriction, (CG).

080722, Failed to go at the time prescribed to his appointed place of duty (080712), disobeyed a lawful command from a commissioned officer (080711), derelict in the performance of his duties (080712), making a false statement (080712), and drunk on duty (080712), reduction to E1; forfeiture of $314.00; 14 days extra duty; and 14 days restriction, (CG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: 060914    Current ENL Term: 03 Years  24 Weeks
Current ENL Service: 	02 Yrs, 02Mos, 29Days ?????
Total Service:  		02 Yrs, 02Mos, 29Days ?????
Previous Discharges: 	None
Highest Grade: E3		Performance Ratings Available: Yes    No 
MOS: 92Y1P/Unit Supply Specialist   GT: 89   EDU: GED   Overseas: Southwest Asia   Combat: Afghanistan (070806-080710).
Decorations/Awards: ARCOM, NDSM, ACM, ASR, OSR, NATOMDL

V.  Post-Discharge Activity
City, State:  Kissimmee, FL
Post Service Accomplishments: None Listed






VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that 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 dereliction in the performance of his duties x 3 (071128 and 071210, 080607); failure to obey a lawful order (071206); disrespect to a noncommissioned officer (071210); failure to go at the time prescribed to his appointed place of duty; violated a lawful order (071213); disobeyed a lawful order and failed to go to his appointed place of duty (080424), disobeyed a lawful order (080429); found sleeping on duty and lied to a noncommissioned officer (080622); failed to report to his appointed place of duty (080624); disobeyed a lawful order (080628); failed to be at his appointed place of duty, violated a lawful command from a commissioned officer, derelict in the performance of his duty, made a false official statement, and was found drunk on duty (080712); and failed to be at his appointed place of duty (080910), 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 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 20 November 2008, 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 documents, and issues 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.  
       
       Furthermore, the analyst noted the applicant's issue that no rehabilitative transfer was provided; however, before initiating action to separate the applicant, 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.  The command made an assessment of the applicant's potential for becoming a fully satisfactory Soldier.  The evidence of record established that the applicant was afforded a reasonable opportunity to overcome noted deficiencies.  As the applicant did not subsequently conform to required standards of discipline and performance, the command appropriately determined the applicant did not demonstrate the potential for further military service and initiated administrative separation action under the provisions of Chapter 14, paragraph 12b, AR 635-200, by reason of misconduct—pattern of misconduct.  
       
       Further, 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 acknowledges the applicant's many in-service accomplishments outlined with the application and in the documents with the application and his successful transition to civilian life .  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.  
       
       In view of the foregoing the analyst determined that the characterization of service and reason for discharge 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 April 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: NA
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA






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 AR20090010659
______________________________________________________________________________


Page 1 of 3 pages