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, in effect, that on November 17, 2006, he received his separation from the US Army with an Other Than Honorable dishcarge. Previously, while on active duty, he received an Honorable Discharge on 20050705 and a General Discharge on 20050223. He reenlisted on 20051219. The Other Than Honorable was characterized as Separation Under Provisions of AR 635-200, Chapter 14-12b, Patterns of Misconduct.

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: 060920
Discharge Received: 			   Date: 061117   Chapter: 14-12b    AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: Rear Detachment, 209th ASB, Schofield Barracks, HI 

Time Lost: The applicant was in pre-trial confinement for 13 days.

Article 15s (Charges/Dates/Punishment): 060323, failure to report to his appointed place of duty x3 (060302, 060326, 060329); reduction to E3, forfeiture of $394, extra duty and restriction for 14 days (CG)

060418, failure to report to his appointed place of duty x1 (060324); reduction to E2, forfeiture of $333, extra duty for 14 days and restriction for 14 days suspended for 90 days (CG)

060509, Punishment of reduction to E2 and forfeiture of $333 pay that was imposed on 060418 was set aside on the basis that clear injustice occurred by the improper imposition of punishment by a person not a commander

060512, failure to report to his appointed place of duty x5 (060324, 060326, 060328, 060329, 060425, 060509), left his appointed place of duty (060426), committed an assault upon a Soldier by pulling out a dangerous weapon likely to produce death or grievous bodily harm to wit: a knife (060425), and wrongfully and without authority wore upon his uniform the insignia of the rank of Specialist (060425); reduction to E1, forfeiture of $636 pay per month for two months, extra duty and restriction for 31 days (FG)

Courts-Martial (Charges/Dates/Punishment): Summary Court-Martial with an attached offer to plead guilty dated 5 October 2006.

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  27
Current ENL Date: 050504 (date incorrect on DD Form 214, should be 051219)    Current ENL Term: 3 Years  2 weeks (extension for 2 months on 060623)
Current ENL Service: 	00 Yrs, 10Mos, 15Days ?????
Total Service:  		8 Yrs, 7Mos, 13Days ?????
Previous Discharges: 	RA 960711-980617/UOTH
                                             BREAK IN SERVICE
                                       ARNG 990407-991008/UNC
                                       ARNG 991009-020413/NA
                                       IADT 020414-020705/HD
                                       ARNG 020706-050128/GD
                                       ARNG 050129-050503/NA

Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 63B10 Wheeled Vehicle Mech   GT: 101   EDU: GED   Overseas: None   Combat: None
Decorations/Awards: ARCAM, NDSM, GWOTSM, ASR

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 19 September 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 pattern of misconduct for failing to report to his appointed place of duty x6 (060302, 060324, 060326, 060329, 060425, 060509), left his appointed place of duty (060426), committed an assault upon a Soldier by pulling out a dangerous weapon likely to produce death or grievous bodily harm to wit: a knife (060425), and wrongfully and without authority wore upon his uniform the insignia of the rank of Specialist (060425) with an under other than honorable conditions discharge.  He was advised of his rights.  
       On 20 September 2006, the applicant consulted with legal counsel, was advised of the impact of the discharge action.
       On 5 October 2006, the applicant offered to plead guilty in a plea agreement to specification of charges and voluntarily waived consideration of his case by an Administrative Separation Board with issuance of an under other than honorable conditions discharge and did not submit a statement in his own behalf.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge.  
       On 23 October 2006, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than honorable conditions.
       The record contains a Military Police Report citing the applicant as the Subject for driving while his license was suspended  and speeding dated 060713.

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a discharge for the good of the Service in lieu of trial by court-martial.  The request may be submitted at any time after charges have been preferred and must include the individual’s admission of guilt.  Army policy states that although an honorable or general, under honorable conditions discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate.  

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s military records, and the issue and documents 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 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 the former Soldier’s 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 prior honorable and general discharge, but was not a sufficient reason to grant relief.
       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: 17 May 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: Ms. Carmen Villarreal/God Mother (Witness) 

Exhibits Submitted: The applicant submitted three copies of his DD Form 214, with various types of characterizations of his service, during different periods of service, psychiatric evaluation, an obituary, DA Form 3340-R, Dec 94-Oath of Extension of Enlistment, two sworn statements and a copy of the notification letter, initiating action to separate him from the US Army, by reason of a pattern of misconduct. 

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review, hearing his testimony 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 AR20090012275
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