Applicant Name:  ?????

Application Receipt Date: 2009/06/17	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant requests an upgrade of his discharge to honorable.  He states the discharge is inequitable because it was based on an isolated incident in twenty three months of service.

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: 950522   Chapter: 13       AR: 635-200
Reason: Unsatisfactory Performance	   RE:     SPD: NIF   Unit/Location: HHC, 3-505th IN Bn (ABN), Fort Bragg, NC 

Time Lost: The applicant stated in his DD Form 293 that he was AWOL for less than 10 days.  However, the analyst is unable to substantiate this because his record does not contain all the facts and circumstances that led to his discharge.

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:  18
Current ENL Date: 930604    Current ENL Term: 04 Years  17 Weeks
Current ENL Service: 	01 Yrs, 11Mos, 18Days ?????
Total Service:  		01 Yrs, 11Mos, 18Days ?????
Previous Discharges: 	None
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: 11B1P Infantryman   GT: NIF   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: The applicant enlisted in the Army National Guard State of Louisiana for six (6) years (031015), and extended for 3 years (081203).  Subsequently was ordered to active duty on two different occasions for service in Iraq and received the following awards:  ARCOM, AAM, AGCM, NDSM, ICM-W/CS, GWOTSM, OSR-2, AFRM-W/"M" DEV-2, CIB.  The applicant was issued honorable discharges for both periods of active duty service in Iraq.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The applicant’s record is void of the specific facts and circumstances concerning the events that led to a discharge from the Army.  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 he was discharged under the provisions of Chapter 13, AR 635-200, by reason of unsatisfactory performance, with a characterization of service of general, under honorable conditions, with a reentry eligibility (RE) code of "3."  Furthermore, the DD Form 214 shows a Separation Code of JHJ (i.e., unsatisfactory performance).  

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory Soldier.  Army policy states that a general, under honorable conditions discharge is normally considered appropriate, however, a fully honorable discharge may be granted in meritorious cases.  If in an entry level status the characterization of service will be uncharacterized.  

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s available records during the period of enlistment under review, the issues 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 record is void of the specific facts and circumstances concerning the events that led to a 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 Government regularity is presumed in the discharge process.  
       
       That DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 13, AR 635-200, by reason of unsatisfactory performance, 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 applicant requests an upgrade of his discharge to fully honorable.  However, by the unsatisfactory performance, the applicant diminished the quality of his service below that meriting a fully honorable characterization of service.   
       
       Regarding the applicant's issue that his discharge is inequitable because it is based on a isolated incident during twenty three months of service.  Even though an isolated incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army.  The applicable Army regulation states that there are circumstances in which the conduct or performance of duty reflected by  an isolated incident provides the basis for a characterization.  
       
       The analyst having examined all the circumstances determined that the applicant's isolated incident of unsatisfactory performance did indeed adversely affect the quality of service, brought discredit on the Army, and was prejudicial to good order and discipline.  This isolated incident of misconduct clearly diminished the quality of the applicant's service below that meriting a fully honorable discharge.  
       
       The analyst acknowledges the applicant's successful combat tours in Iraq, and noted the many accomplishments outlined in his application and in the documents with his application.  However, in review of the applicant’s available 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: 12 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) DD Forms 214, dated (090508), (051115), (060921); Oath of Extension or Enlistment, dated (081203); two DA Form 638s (Recommendatioon For Award) dated (050616), (081107); Award of CIB Memorandum, dated (070918); Order for Good Conduct Medal dated (050915); Memorandum Awarding the AFRM-W/'M' Device, dated (050609); Memorandum Awarding the Louisiana War Cross, dated (050915); Memorandum Awarding the GWOTSM, dated (050326); Memorandum Awarding the NDSM, dated  (050915); DA Form 1059 (Service School Academic Evaluation Report), dated (080409); Department of Combat Medic Training and Tracking Sheet-Table VIII dated, (040818); Airborne Course Certificate of Completion dated, (931022); Certificate of Completion of the Advanced Provider Course, dated (040730); Certificate of Achievement, dated (090223); Certificate of Participation, dated (081215); Certificate of Reenlistment, dated (081203); Certificate of Training, dated (040731); Certificate of Appreciation, dated (060821);  Certificate of Contamination, dated (080414); two (2) Certificates of Completion, dated (080728), and (080424). 

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 characterization of service is now too harsh, and as a result it is inequitable.  The Board determined that the applicant’s post service accomplishments (i.e., enlisted in the LA National Guard; two combat tours in Iraq; awarded two ARCOMs, a CIB; acquired a new MOS; and two post honorable discharges), mitigated the discrediting entry in his service record.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable.  However, the Board determined that the reason for discharge was proper and equitable and voted not to change it.  
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 3    No change 2
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 AR20090011134
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