Applicant Name:  ?????

Application Receipt Date: 2009/07/09	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "I do not believe that minor infractions in a combat environment which caused my orders to speak with several psychiatrists and be given anti-depressants should be allowed to hinder my attempts at leading a successful life as a civilian, which my DD214 inhibits, and my disclusion from the GI bill, of which I paid into and deserve access to, inhibits."

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: 060822
Discharge Received: 			   Date: 060929   Chapter: 14-12b    AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: B Co, 2/87th Inf Reg, FOB Bernel, APO 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 060516, Without authority, failed to go at the time prescribed to his appointed place of duty on or about 060414 and without proper authority destroyed by throwing on the ground, a M145 scope on his  M249 semi-automatic weapon; forfeiture of $636.00 pay per month for two months, restriction and extra duty for 45 days (FG)

Article 15; 060125, on pages 24-27 of the OMPF is illegible; however,on the continuation sheet he was charged with disobeying a lawful order from (SSG), a noncommissioned officer x 2 on or about 060109; and on or about 060110; 

Article 15, 050708; Disrespectful in deportment towards SFC, a noncommissioned officer on or about 050627; reduction to Private (E-2); suspended, to be automatically remitted if not vacated before 060107; extra duty and restriction for 14 days and an oral reprimand (FG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 040324    Current ENL Term: 3 Years  16 weeks/The applicant required a medical waiver at the time of his enlistment, which was approved on (040206)
Current ENL Service: 	2 Yrs, 06Mos, 06Days ?????
Total Service:  		2 Yrs, 06Mos, 06Days ?????
Previous Discharges: 	None
Highest Grade: E3		Performance Ratings Available: Yes    No 
MOS: 11B10 Infantryman   GT: 107   EDU: HS Grad   Overseas: Southwest Asia   Combat: Afghanistan (060207-060914)
Decorations/Awards: NDSM, ACM, GWTEM, GWTSM, ASR, OSR, CIB

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None submitted by the applicant.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 22 August 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 a pattern of misconduct; in that he received a Field Grade Article 15 on or about 060316; for failing to go to his appointed place of duty and destroying government property, received a Company Grade Article 15 on or about 060125; for failing to go to his appointed place of duty and disobeying a noncommissioned officer on three occasions, received a Company Grade Article 15 on or about 050712; for being  disrespectful toward a noncommissioned officer, and on numerous occasions between January 2005 and May 2006 he was disrespectful toward noncommissioned officers and disobeyed orders given to him by noncommissioned officers, with a general, under honorable conditions discharge.  He was advised of his rights. 
       
       On 22 August 2006, the applicant declined the opportunity to consult with legal counsel 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 a general, under honorable conditions discharge.  
       On 23 August 2006, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions and unless otherwise disqualified, be transferred to the IRR.

       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 military records, and the issue 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 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 the 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 indicating that his "misconduct was minor infractions in a combat environment",  however, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army.  
       
       The analyst having examined all the circumstances determined that the applicant's infractions of misconduct did indeed adversely affect the quality of service, brought discredit on the Army, and was prejudicial to good order and discipline.  These incidents of misconduct clearly diminished the quality of the applicant's service below that meriting a fully honorable discharge.
       
       Further, the issue regarding the applicant's Montgomery GI Bill and eligibility for veteran's benefits to include educational benefits 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: 5 May 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 AR20090011528
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