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 is seeking an upgrade, because his life long goal is to work in the Criminal Justice Leadership departments. He is currently completing his Bachelors, and believes that this rating will hurt his chances for a police officer position, and was given advice by the chief detective himself to request this upgrade. 

He further, states that his overall military career was above satisfactory and he has the good conduct medal. The only remarks he has is that his discharge was not dishonorable as you can see. He wouldn't deem it fair for his career to suffer because one chain of command in the 7-8 that he has been under didn't like his attitude. 

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: 080110
Discharge Received: 			   Date: 080221   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: 26th Military Police Detachment, 89th Military Police Brigade, Fort Hood, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 071014; Disrespectful toward 1LT, a superior commissioned officer on or about 070924; disrespectful in language toward SSG; a noncommissioned officer on or about 070816; failed to go to his appointed place of duty x 2 on or about 070727; and on or about 070725; and did treat with contempt SSG and SGT, two noncommissioned officers on or about 070719 and on or about 070321; reduction to Private First Class (E-3); forfeiture of $403.00 pay for none month; the forfeiture is suspended, to be automatically remitted if not vacated before 080417; and extra duty for 14 days (CG)    

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  25
Current ENL Date: 050818    Current ENL Term: 4 Years  11 Weeks
Current ENL Service: 	2 Yrs, 6 Mos, 4 Days ?????
Total Service:  		6 Yrs, 10 Mos, 28 Days ?????
Previous Discharges: 	USAR 010324-010402/NA
                                       ADT    010403-010816/UNC
                                       USAR 010817-020210/NA
                                       ADT    020211-050210/HD
                                       USARCG 050211-050817/NA 
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 42A10 Human Resources Spec   GT: 94   EDU: GED Cert   Overseas: Korea (051106-061208)   Combat: None
Decorations/Awards: ARCOM, AAM, NDSM, GWTEM, GWTSM, KDSM, ASR 




V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: The applicant stated in his issue that he is currently a student completing his Bachelor's degree.


VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 10 January 2008, 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 a Company Grade Article 15 in October 2007 for three instances of failure to go to his appointed place of duty (Article 86), insubordinate conduct toward a noncommissioned officer (Article 91), and disrespect toward a superior commissioned officer (Article 89), 18 derogatory counseling statements and one letter of reprimand dated 070524, 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, 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 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.  The separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. 
       
       The applicant's record contains a Letter of Reprimand-for failing to obey a lawful order and regulation MSO 04-09-079, which includes Army Regulation 25-2 and III Corps Command Policy, DOIM-1, DTD 12004 June04, dated 24 May 2007 (Administrative).

       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 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. 
       
       The analyst noted the applicant's issue that the discharge he received will hurt his chances for a police officer's position; however, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  
       
       Further, regarding the issue the applicant raises that it is not fair for his career to suffer because of someone in his chain of command in the 7-8 that he had been under didn't like his attitude, 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.    
       
       The applicant was discharged under the provisions of Chapter 14-12b, AR 635-200, by reason of a pattern of misconduct.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Pattern of Misconduct” and the separation code is "JKA."  
       
       Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be entered under this regulation.  
       
       Therefore, the analyst determined that the narrative 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: 14 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 AR20090012105
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