Applicant Name:  ?????

Application Receipt Date: 2009/07/25	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See enclosed DD Form 293 and documents submitted by the applicant. The applicant states "MEMORANDUM FOR Army Review Boards Agency,

SUBJECT: Change of Discharge Status and Reason of Separation for [redacted].


1.  I request a change of my discharge status from Under Honorable Conditions (General) to Honorable Discharge. The Reason for Separation from JHJ (Unsatisfactory Performance) to MCF (To Attend Educational Facility).

2.  I requested a reassignment of my MOS to U.S Army Chaplain School (56M) or seminary from Respiratory Specialist (91V) in order to follow my religious calling. I had received a calling from God to serve the soldiers during my AIT (91V-300 Respiratory Specialist Program). I never fail any courses during my AIT and I demonstrated excellence among my instructors and peers. I am currently attending a seminary and U.S. Army Chaplain School to pursue my religious calling to serve God and soldiers.

3.  My current discharge status/reason does not accurately represent my motives for a request of reassignment. I also request a change of my discharge status/reason to participate the Post-9/11 Veterans Educational Assistance Act of 2008. My current discharge status/reason prohibits my eligibility to receive the educational assistance. I am currently facing an economic hardship and I desperately need to receive an educational assistance in order to continue my seminary education. 

4.  POC for this recommendation is the undersigned at [redacted].





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: 040113
Discharge Received: 			   Date: 040126   Chapter: 13      AR: 635-200
Reason: Unsatisfactory Performance 	   RE:     SPD: JKJ   Unit/Location: D Co, Troop Command, Brooke Army Medical Center, Ft. Sam Houston, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): None

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  24
Current ENL Date: 030211    Current ENL Term: 6 Years  ?????
Current ENL Service: 	00 Yrs, 11Mos, 16Days ?????
Total Service:  		00 Yrs, 11Mos, 16Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: None   GT: 115   EDU: College Transcript   Overseas: None   Combat: None
Decorations/Awards: Non

V.  Post-Discharge Activity
City, State:  Douglaston, NY
Post Service Accomplishments: Currently attending a seminary and U.S. Army Chaplain School as a 2nd LT.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 13 January 2004, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 13, AR 635-200, by reason of unsatisfactory performance for failure to complete the 91V Phase II, Respiratory Specialist Course due to personal and religious reasons (it was at his request that he be dropped from this course) with a honorable discharge.  He was advised of his rights.  On 15 January 2004, 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 Army and waiver of further rehabilitative efforts.  On 22 January 2004, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a general, under honorable conditions discharge.  The applicant was not transferred to the U.S. Army Reserve Control Group.

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this Chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory Soldier.  Army policy states that a general, under honorable conditions discharge is normally considered appropriate, however, a fully honorable discharge may be granted in meritorious cases.

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of 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.  There was a full consideration of all faithful and honorable service as well as the incidents of unsatisfactory performance.  
       
       The analyst determined that the applicant’s discharge was appropriate because the quality of the service was not consistent with the Army’s standards for acceptable personal conduct and performance of duty by military personnel.  By the unsatisfactory performance, the applicant diminished the quality of service below that meriting a fully honorable characterization of service.  
       
       Further, 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.
       
       The Army Discharge Review Board is authorized to consider post-service factors in the recharacterization of a discharge.  However, there is no law or regulation, which provides a discharge may be upgraded based solely on the passage of time or good conduct in the civilian life subsequent to leaving the service.  Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review, is considered during Board proceedings.  The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member’s overall character.
       
       The analyst acknowledges the applicant's successful transition to civilian life and noted the accomplishment of receiving his commission as a reserve officer outlined with the documents with the application.  However, in review of the applicant’s entire service record, the analyst found that these accomplishments did not overcome the reason for discharge and characterization of service granted.  Further, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  
       
       Therefore, the analyst determined 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: Self-authored statement, letter of reference, DA Form 1059 from Chaplain Basic Officer Leader Course, DD Form 214 and Orders T-03-912673 dated 13 March 2009 sending the applicant to Chaplin school.


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 AR20090012803
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