Applicant Name: ?????
Application Receipt Date: 2009/07/08 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: The applicant states, in effect, that he wants an upgrade of his discharge to honorable so that he can receive the GI Bill. He indicated that while he was in the Army, he was having set backs with his chain of command. He would like to move on with his life and have a good career.
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: 070923
Discharge Received: Date: 071018 Chapter: 14-12b AR: 635-200
Reason: Pattern of Misconduct RE: SPD: JKA Unit/Location: HQ & HQ Company, 3rd Battalion, 509th Parachute Infantry Regiment, Forward Operating Base, Kalsu, Iraq
Time Lost: None
Article 15s (Charges/Dates/Punishment): None
Courts-Martial (Charges/Dates/Punishment): 061209; Summary Court-Martial-in that he behaved himself with disrespect toward 2LT, a superior commissioned officer on or about 061123; disobeyed a lawful order from SSG, a noncommissioned officer on or about 061123. He was sentenced to reduction to Private (E-2); hard labor without confinement for thirty (30) days.
070801; Summary Court-Martial-in that he failed to go to his appointed place of duty on or about 070623; disrespectful in deportment toward SGT, a noncommissioned officer on or about 070405; disobeyed a lawful order from SSG, a noncommissioned officer on or about 070623; disobeyed a lawful order from 1LT, a superior commissioned officer on or about 070217; disobeyed a lawful order from 1LT, a superior commissioned officer on or about 070623. He was sentenced to reduction to Private (E-1); forfeiture of $934.00 pay per month for one month and confinement for thirty (30) days.
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 21
Current ENL Date: 041230 Current ENL Term: 4 Years 16 Weeks/The applicant required a Moral Waived at the time of enlistment, which was approved on (040830).
Current ENL Service: 2 Yrs, 9 Mos, 19 Days ?????
Total Service: 2 Yrs, 9 Mos, 19 Days ?????
Previous Discharges: None
Highest Grade: E-3 Performance Ratings Available: Yes No
MOS: 11C1P Indirect Fire Infantryman GT: 100 EDU: HS Grad Overseas: Southwest Asia/Alaska (050606-071018) Combat: Iraq (061005-071006)
Decorations/Awards: NDSM, GWTSM, ICMDL, ASR, OSR (2), CIB, EIB
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 23 September 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12b, AR 635-200, by reason of a pattern of misconduct; in that he received two Summary Court-Martials on 061209 and 070801 for disobeying a commissioned officer; disobeying a noncommissioned officer, disrespect to an officer, disrespect to a noncommissioned officer, and failure to go to his appointed place of duty, with a general, under honorable conditions discharge.
He was advised of his rights. The applicant waived legal counsel, was advised of the impact of the discharge action, and did not submit 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 24 September 2007, 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, but a general discharge under honorable conditions or an honorable discharge may be granted.
c. Response to Issues, Recommendation and Rationale:
After a careful review of all the applicants military records, and the issues 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 applicants 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 applicants service mitigated the misconduct or poor duty performance.
The analyst noted the applicant's issues requesting that his discharge be upgraded to honorable so that he can go to college; however, eligibility for veteran's benefits to include educational benefits under the Montgomery GI Bill 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.
Further, regarding the applicant's issue that he was having set backs with his chain of command, the analyst found no evidence of arbitrary or capricious actions by the command. 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.
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: 26 May 2010 Location: Washington, DC
Did the Applicant Testify? Yes No
Counsel: NA
Witnesses/Observers: NA
Exhibits Submitted: None
VIII. Board Discussion, Determination, and Recommendation
After carefully examining the applicants record of service during the period of enlistment under review and considering the analysts 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: No Change
Other: No Change
RE Code:
Grade Restoration: No Yes Grade: No Change
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 AR20090012098
______________________________________________________________________________
Page 1 of 3 pages
ARMY | DRB | CY2008 | AR20080009251
Applicant Name: ????? Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See attached DD Form 293 submitted by the Applicant. On 31 July 2007, the separation authority approved the Chapter 10 request with an under other than honorable conditions discharge.
ARMY | DRB | CY2010 | AR20100016268
Applicant Name: ????? On 1 July 2009, the applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an administrative separation board contingent upon him receiving a characterization of service no less favorable than a general, under honorable conditions discharge and did not submit a statement in his own behalf. On 22 July 2009, the separation authority waived further rehabilitative efforts and directed that...
ARMY | DRB | CY2009 | AR20090016171
Applicant Name: ????? On 22 April 2009, the separation authority approved the discharge action under the provisions of AR 635-200, Chapter 14, paragraph 14-12b, by reason of a pattern of misconduct, waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: The applicant submitted seven (7) copies of sworn statements, which was...
ARMY | BCMR | CY2011 | AR20110022973
Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on 14 November 2007, 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, for being convicted at a summary court-martial for disobeying a superior commissioned officer (x2) and disrespect to a noncommissioned officer, with a general, under honorable conditions discharge. On 20 November 2007, the...
ARMY | DRB | CY2008 | AR20080011587
Applicant Name: ????? The analyst also noted the evidence of record established that the applicant's misconduct began before his deployment to Iraq. Board Discussion, Determination, and Recommendation After carefully examining the applicants record of service during the period of enlistment under review and considering the analysts recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted to deny relief.
ARMY | DRB | CY2009 | AR20090006645
Applicant Name: ????? On 8 May 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. 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 ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number...
ARMY | DRB | CY2012 | AR20120006792
The intermediate commander reviewed the proposed action and recommended approval of the separation with a general, under honorable conditions discharge. On 24 January 2005, the separation authority waived further rehabilitative efforts and directed the applicants discharge with a characterization of service of general, under honorable conditions. c. Response to Issues, Recommendation and Rationale: After a careful review of the applicants available military records, the issues and...
ARMY | DRB | CY2009 | AR20090007090
Facts and Circumstances: The evidence of record shows that on 19 March 2007, 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 misconductfor receiving a Company Grade Article 15 for disobeying a direct order from a noncommissioned officer x2, vacation of suspension for failing to go at the time prescribed to your appointed place of duty, Field Grade Article 15 for failing to go at the...
ARMY | DRB | CY2008 | AR20080006363
The intermediate and senior commanders reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. On 26 October 2007, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization...
ARMY | DRB | CY2012 | AR20120007576
Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on 23 July 1999, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of misconduct (Commission of a Serious Offense) for disrespect toward a superior commissioned officer, willfully disobeying a superior commissioned officer, disrespect toward a noncommissioned officer, disobeying a lawful order from a...