Applicant Name:  ?????

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

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that the issue he has is school and getting a job. Also, that he served 6 years in the military with two tours to Iraq.  He sacrificed his marriage, which he is no longer in due to his deployments.  He now wants to join again, but as an officer. 

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: 081013
Discharge Received: 			   Date: 090123   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: E Company, 1ST Battalion, 187th Infantry Regiment, 3rd Brigade Combat Team, 101st Airborne Division (Air Assault), COP Meade, Iraq, APO AE 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 080415; failed to go to his appointed place of duty x 10; (080225); (080226); (080306); (080318); (080318); (080319); (080319); (080320); (080321); (080323); disrespectful toward SGT, a noncommissioned officer (080318); disrespectful in ;language toward SGT, a noncommissioned officer (080314); reduction to Private First Class (E-3); forfeiture of $417.00 pay per month for 1 month; extra duty for 14 days; suspended, to be automatically remitted if not vacated before 080716 (CG) 

Article 15; 080924, disrespectful in language and deportment toward SGT, a noncommissioned officer (080910); violated a lawful general regulation by wrongfully consuming alcohol (080817); wrongfully used provoking words SPC, (080817); reduction to Private (E-1); forfeiture of $673.00 pay per month for 2 months; extra duty and restriction for 45 days (FG) 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  21
Current ENL Date: Reenl/061129    Current ENL Term: 2 Years  ?????
Current ENL Service: 	2 Yrs, 1 Mos, 24 Days ?????
Total Service:  		5 Yrs, 4 Mos, 4 Days ?????
Previous Discharges: 	ARNG 030920-040329/NA
                                       ADT    040330-040921/HD
                                       ARNG 040922-050201/HD
                                       RA      050202-061128/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 44B10 Metal Worker    GT: 99   EDU: GED Cert   Overseas: Southwest Asia   Combat: Iraq x 2 (051029-061017); (070925-081025)
Decorations/Awards: AAM (3), NDSM, GWTSM, ICMDLw/Campaign Star (2), ASR, OSR (2), 

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 13 October 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 was disrespectful towards a noncommissioned officer on or about 080910; disobeyed a lawful General Order on or about 080817; wrongfully used provoking speeches and gestures towards another Soldier on or about 080817; failed to go to his appointed place of duty x 11 on or about 080225; 080226; 080306; 080318; 080318; 080319; 080319; 080320; 080321; 080321; 080323; and disrespectful towards a noncommissioned officer x 2 on or about 080314; 080318;, 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 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 October 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. 

       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 issues requesting that his discharge be upgraded to honorable so that he can go to school; get a job and perhaps join again.  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, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  If the applicant desires to reenlist, he should contact the local recruiter to determine his eligibility to reenlist.  Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes.  
       
       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: 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: 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 AR20090012173
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