Applicant Name: ?????
Application Receipt Date: 2009/07/13 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: (1) Post Service conduct, (2) Wants GI Bill benefits, (3) Improve job opportunities, (4) Was an honor student during his second AIT class.
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: 021125
Discharge Received: Date: 030212 Chapter: 14-12b AR: 635-200
Reason: Pattern of Misconduct RE: SPD: JKA Unit/Location: HHB, 3-7 FA Bn, Schodield Bks, HI
Time Lost: None
Article 15s (Charges/Dates/Punishment): 020325, drunk on duty (011203), reduction to E-1, forfeiture of $552 for two months (suspended), 45 days of extra duty and restriction (FG)
020724, disrespectful to an NCO, resisting apprehension, damaged military property valued under $500, assaulted an NCO, and communicated a threat to an NCO and to another Soldier (all offenses took place on 020518), forfeiture of $552 for two months (1 month suspended), 45 days of extra duty and restriction (FG)
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 19
Current ENL Date: 010118 Current ENL Term: 6 Years ?????
Current ENL Service: 02 Yrs, 00Mos, 25Days ?????
Total Service: 02 Yrs, 00Mos, 25Days ?????
Previous Discharges: None
Highest Grade: E-3 Performance Ratings Available: Yes No
MOS: 13F10/Fire Support Spc GT: 124 EDU: HS Grad Overseas: Hawaii Combat: None
Decorations/Awards: NDSM, ASR, OSR
V. Post-Discharge Activity
City, State: ?????
Post Service Accomplishments: Applicant states he works at the Veterans Medical Center, City of Alexandria as part of the CWT program and has completed 2 years towards a computer engineer degree.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 25 November 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 receiving an Article 15 on 25 March 2002 for being drunk on duty, for receiving another Article 15 on 24 July 2002 for being disrespectful in language towards an NCO, resisting apprehension by a military policeman, damaging military property, assaulting an NCO, and communicating a threat, and for writing worthless checks, with an under other that honorable conditions discharge. He was advised of his rights.
On 11 December 2002, 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 general, under honorable conditions 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 battalion commander reviewed the proposed discharge action and recommended approval of the separation action with an under other than under honorable conditions discharge. The senior intermediate commander reviewed the proposed discharge action and recommended approval with a general, under honorable conditions discharge.
On 21 January 2003, the separation authority approved the conditional waiver request, waived further rehabilitative efforts and directed 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 of this regulation 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 the entire applicants 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 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 his repeated incidents of misconduct, the applicant diminished the quality of 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.
Issue (1) is rejected. The analyst acknowledges the applicant's successful transition to civilian life and noted the accomplishments outlined with his application. However, in review of the applicants entire service record, the analyst found that these accomplishments realized after he left the Army did not overcome the reason for discharge and characterization of service granted.
Issue (2) is rejected. 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.
Issue (3) is rejected. The analyst noted the applicant's issue; however, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.
Issue (4) is rejected. The applicant contends he was an honor student during his second AIT class; however, when reviewing his entire service record the analyst did not find this sufficient to mitigate or merit an upgrade of his discharge.
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: 12 May 2010 Location: Washington, D.C.
Did the Applicant Testify? Yes No
Counsel: NA
Witnesses/Observers: NA
Exhibits Submitted: DD Form 214 and discharge orders.
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: 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 AR20090012428
______________________________________________________________________________
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