Applicant Name:  ?????

Application Receipt Date: 2009/07/23	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: Applicant requests upgrade to honorable discharge and an RE Code change because he feels the discharge was unjust.  Applicant claims the composition of the administrative separation board was improper because the board members should have been from a battalion other than his unit of assignment.  He wants to reenlist. 

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: 010726
Discharge Received: 			   Date: 011017   Chapter: 14-12b       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKA   Unit/Location: Eisenhower Army Medical Ctr, Fort Gordon, GA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 001206, In that you did, at Fort Gordon, GA on or about 22 Nov 00, 20 Nov 00, 23 Aug 00, and 8-12 May 00 without authority fail to go at the time prescribed to your appointed place of duty, to wit:  0500 hrs APFT formation and APFT; forfeit $300.00 pay per month for one month, extra duty for 14 days, restricted to troop area for 7 days (CG). 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: 000218    Current ENL Term: 4 Years  ?????
Current ENL Service: 	01 Yrs, 05Mos, 08Days ?????
Total Service:  		11 Yrs, 05Mos, 20Days ?????
Previous Discharges: 	IADT 900611-910222/HD
                                       RA 950216-980216/HD
                                       RA 980217-000217/HD
Highest Grade: E5		Performance Ratings Available: Yes    No 
MOS: 91W20/Nuclear Med Spec   GT: 101   EDU: HS Grad   Overseas: Korea   Combat: None
Decorations/Awards: ARCOM, AAM x 3, JMUA, AGCM X 2; NDSM, ASR, OSR,  

V.  Post-Discharge Activity
City, State:  Charlotte, NC
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 25 July 2001, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12(b)(c), AR 635-200, by reason of misconduct—pattern of misconduct and commission of a serious offense in that on numerous occasions he failed to be at his appointed place of duty; he submitted a false document with intent to deceive; he assaulted his wife, with an under other than honorable conditions discharge.  He was advised of his rights. 
        
       On 26 July 2001, the applicant consulted with legal counsel and requested consideration of his case by an administrative separation board.  The applicant did not submit a statement on his own behalf.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed discharge action and recommended approval with an under other than honorable conditions discharge.  
       
       On 22 August 2001, the applicant was notified to appear before an administrative separation board and advised of his rights.  On 2 October 2001, the administrative separation board convened.  The applicant appeared with counsel.  The board recommended that the applicant be discharged with issuance of a character of service of general, under honorable conditions.
         
       On 11 October 2001, the separation authority approved the recommendation of the administrative separation board and directed that the applicant be discharged with a characterization of service of general, under honorable conditions.
       
       The record contains an MP Report dated 1 February 2001, which indicates the applicant was the subject of a simple assault investigation.

       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 all the applicant’s military records, 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.
       
        Furthermore, the analyst noted the applicant's issue and determined that at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.”  If reenlistment is desired, the applicant should contact the local recruiter to determine 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 if appropriate.  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. 
       
       Further, the analyst noted the applicant's request for a change in his MOS.  The correction that the applicant requests to be made to his DD Form 214, does not fall within the purview of this Board.  The applicant may apply to the Army Board for Correction of Military Records (ABCMR), utilizing DD Form 149 regarding this matter.  An application for that Board can be obtained online or from the Veterans Administration.
       
       
       
       Additionally, the analyst noted the applicant’s issue about his request for an automatic upgrade.  However, the U.S. Army does not have, nor has it ever had, a policy to automatically upgrade discharges.  Each case is decided on its own merits when an applicant submits a DD Form 293 requesting a change in discharge.  Changes may be warranted if the Board determines that the characterization of service or the reason for discharge or both were improper or inequitable.      
       
       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: 19 May 2010         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 214, DD Form 149, Administrative Separation Board documents.

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 AR20090012788
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