Applicant Name:  ?????

Application Receipt Date: 2009/09/01	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, " My discharge was inequitable because it was based on an incedent and not on my incendent free record befor that for 52 months. When I asked to be discharged on 7b family issues it was denied when I had proper reason and records before the incedent."

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: 071017
Discharge Received: 			   Date: 071207   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: Co D, 1st Battalion, 101st Aviation Regiment, 101st Airborne Division (Air Assault), Fort Campbell, KY 

Time Lost: Confined by the civilian authorities for a total of 18 days from (070504-070522). The applicant returned to his unit.

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

Courts-Martial (Charges/Dates/Punishment): 070222, Summary Court-Martial for disobeying a lawful order from SFC, a noncommissioned officer on or about 061216, reduction to Private (E-2), forfeiture of $800.00 pay, and restriction for 41 days.

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: 030820    Current ENL Term: 8 Years  ?????
Current ENL Service: 	4 Yrs, 03Mos, 0Days The net active service this period on the DD Form 214 block 12c is incorrect, should be: 4 Yrs, 3 Mos, 0 Days as annotated above. The applicant was confined by the civilian authorities for 18 days. See time lost. 
Total Service:  		4 Yrs, 03Mos, 0Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 15R10 AH-64 Attack Hel Rep   GT: 107   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (050902-060811)
Decorations/Awards: GCMDL, NDSM, GWOTSM, ICMDL, OSR

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 17 October 2007, 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 a pattern of misconduct for a civil conviction of driving under the influence, a civil arrest for carrying an unlawful deadly weapon and driving on a suspended license, as well as a Summary Court-Martial conviction for disobeying a noncommissioned officer, with a general, under honorable conditions discharge.  He was advised of his rights. 
       
       On 15 November 2007, the applicant consulted with legal counsel, was advised of the impact of the discharge action, waived consideration of his case by an administrative separation board 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 intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.  
       On 27 November 2007, 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 for driving under the influence of alcohol dated 31 January 2007 (Administrative).   

       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, 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 issue concerning his request to be discharged on 7b family issues and it was denied.  However, the record does not support the applicant's contention that he submitted documents requesting the aformentioned discharge and he has not submitted any independent documents to support this contention. 
       
       
       Further, even though the applicant claims that his offense was isolated, the analyst concluded that the applicant committed many discrediting offenses, which constituted a departure from the standards of conduct, expected of soldiers in the Army.  Having examined all the circumstances, the analyst determined that the applicant’s numerous incidents of misconduct did indeed adversely affect the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline.  These incidents of misconduct clearly diminished the quality of the applicant’s service below that meriting a fully honorable 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: 14 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 AR20090015318
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