Applicant Name:  ?????

Application Receipt Date: 2009/06/25	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: 020311
Discharge Received: 			   Date: 020621   Chapter: 14-12b       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKA   Unit/Location: HHD, 147th Med Log Bn, Fort Sam Houston, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 011011, Failure to go at the time prescribed to his appointed place of duty x 3 (010911, 010913, and 010918), disobeying a lawful order from a noncommissioned officer (010918), disobeying a lawful general regulation (010507, and wrongfully having sexual intercourse with a female Soldier, a married woman not his wife (010507), reduction to E4; and 30 days extra duty, (FG).

011220, Failure to go at the time prescribed to his appointed place of duty x 3 (011121, 011126, and 011129); derelict in the performance of his duties (011030); with intent to deceive, signed an official document (010919); with intent to deceive made a false official statement (010917); feign a leg strain (011029); and with intent to defraud, falsely obtain from AER service, of a value of about $1630.00, reduction to E3; forfeiture of $323.00 (suspended), 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: 000211    Current ENL Term: 03 Years  ?????
Current ENL Service: 	02 Yrs, 04Mos, 11Days ?????
Total Service:  		05 Yrs, 05Mos, 13Days ?????
Previous Discharges: 	RA-970109-000210/HD
Highest Grade: E5		Performance Ratings Available: Yes    No 
MOS: 75H10/Personnel Service Specialist   GT: 96   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: ARCOM, AGCM, NDSM, NCOPDR, C/Ach-4

V.  Post-Discharge Activity
City, State:  Summerville, SC
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 March 2002, 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 numerous failures to report at the time prescribed to his appointed place of duty; failure to obey a lawful order; having a sexual relationship with a Soldier in the rank of private first class while both were legally married; breaking the restrictions of his physical profile; and obtaining an AER loan under false pretenses, 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 18 April 2002, 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 the issues he submitted, 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 issues that his discharge is having a impact on his job place, however, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  
       
       Further, the analyst acknowledges the applicant's accomplishments during his prior period of service.  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 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: 30 April 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 214, Honorable Discharge Certificate, Oath of Reenlistment, General Discharge Certificate, Award of the Good Conduct Medal Certificate and the Army Commendation Medal, Recommendation for award of the Army Commendation Medal, Certificate of Promotion, and two Certificate of Achievements.

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 AR20090011651
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