Applicant Name:  ?????

Application Receipt Date: 2009/08/20	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he was discharged from the US Army for patterns of misconduct and he takes full responsibility for his transgressions, and ask to be given another chance at making the Army his career. He has addressed the personal issues that hindered his growth in the military and request that his reenlistment code be changed so that he may prove himself in the military and so that he may help his family and rebuild his life. He thanks the board for there consideration. 

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: 080804
Discharge Received: 			   Date: 080911   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: A Company, 314th Military Intelligence Battalion, 470th Military Intelligence Brigade, San Antonio, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 070829, Failed to go to his appointed place of duty x 2 on or about 070822; 070821; reduction to Private (E-2); forfeiture of $340.00 pay per month for one month, suspended, to be automatically remitted if not vacated before 080306; extra duty and restriction for 14 days and an oral admonition (CG)

Article 15, 080606; Failed to go to his appointed place of duty x 3 on or about 080531; 080519; 080211; disobeyed a lawful order from SFC, a noncommissioned officer on or about 080528; with intent to deceive, made an official statement to SFC, a noncommissioned officer, which was false on or about 080520; with intent to deceive, made an official statement to SFC, a noncommissioned officer, which was false on or about 080407; reduction to the grade of Private (E-2); forfeiture of $352.00 pay, suspended, to be automatically remitted if not vacated on or before 081203; extra duty and restriction for 14 days and an oral reprimand (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: 070426    Current ENL Term: 3 Years  ?????
Current ENL Service: 	1 Yrs, 4 Mos, 16 Days ?????
Total Service:  		2 Yrs, 11 Mos, 15 Days ?????
Previous Discharges: 	ARNG 050927-051115/NA
                                       IADT   051116-060922/NA
                                       ARNG 060923-070425/NA
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 35N1P Sigint Analyst   GT: 105   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: 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 28 July 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 received a General Officer's Memorandum of Reprimand for driving under the influence of alcohol, failed to report to his places of duty on numerous occasions, disobeyed a lawful order, and made several false official statements, 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 submitted 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 7 August 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. 
       
       The record contains a General Officer Memorandum of Reprimand; given to the applicant for operating a motor vehicle, while under the influence of alcohol, dated 17 December 2007. 

       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 asking for another chance at making the Army his career in that the the reentry eligibility (RE) code be changed and that he has addressed the personal issues that hindered his growth in the military.  The analyst acknowledges the applicant's successful transition to civilian life and dealing with his personal issues. 
       
       At the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.”  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, to include the reentry eligibility (RE) code was both proper and equitable and recommends to the Board to deny relief. 
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 2 July 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: None submitted by the applicant.

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 AR20090014765
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