Applicant Name:  ?????

Application Receipt Date: 2009/10/07	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he has not been able to gain employment do to his unsatisfactory service record.  Most, if not all employment agency that he has gone to, say they need to have an honorable action to even be considered for employment.  Since his discharge date from the Army, he has not been in any kind of trouble, and for this reason, he is asking for an honorable discharge before the board.  

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: 080718
Discharge Received: 			   Date: 080811   Chapter: 14-12c       AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: Alpha Company, 82nd Brigade Support Battalion, 3rd Brigade Combat Team, 82nd Airborne Division, Fort Bragg, NC 

Time Lost: AWOL from (080430-050507) for 7 days. The applicant returned to his unit.

Article 15s (Charges/Dates/Punishment): 070917, failed to go to his appointed place of duty to wit: 0600 hours at the 82nd Brigade Support Battalion Headquarters for Outpost 3 guard change on or about 070812, failed to report to his appointed place of duty to wit: 1700 hours at the 82nd Brigade Support Battalion Headquarters for ATHP guard shift change on or about 070807, failed to obey a lawful order issued by LTC, a superior commissioned officer; on or about 070728, dereliction of duty; in that he negligently failed to ensure that his Soldiers were properly licensed prior to operating heavy equipment and to properly secure a trailer onto a palletized loading system on or about 070625, reduction to Specialist (E-4), forfeiture of $992.00 pay per month for two months, suspended to be automatically remitted if not vacated before 080315, extra duty for 45 days and an Oral reprimand (FG)

Article 15, 080617, failed to go to his appointed place of duty to wit: 0630 accountability formation on or about 080407, AWOL from (080430-080507); violated a lawful general regulation by wrongfully traveling beyond a 100 miles radius of Fort Bragg, NC, without leave or an approved mileage pass on or about 080407, dereliction of duty x 2; in that he failed to inform his chain of command of a court date in Alexandria VA, as it was his duty to do on or about 080402 and 080427, made and uttered a bad check in the amount of $3000.00, and dishonorably failed to maintain sufficient funds in the bank on or about 071215, reduction to Private First Class (PFC), forfeiture of $894.00 pay per month for two months, to be automatically remitted if not vacated before 081213, restriction and extra duty for 45 days (FG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  31
Current ENL Date: Reenl/070412    Current ENL Term: 4 Years  ?????
Current ENL Service: 	1 Yrs, 3 Mos, 22 Days ?????
Total Service:  		4 Yrs, 9 Mos, 27 Days ?????
Previous Discharges: 	RA 031008-070411/HD
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 88M10 Motor Transport Oper   GT: 84   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (030711-071023)
Decorations/Awards: ARCOM, AAM, GCMDL, NDSM, GWOTSM, HSM, ICMw/CS, CAB  

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 18 July 2008, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12c, AR 635-200, by reason of misconduct-commission of a serious offense; in that he continued to show minimal regard for military laws and regulations, 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 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 25 July 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. 

       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 issue that he has not been able to gain employment do to his unsatisfactory service record.  Most, if not all employment agency that he has gone to say they need to have an honorable discharge, even for him to be considered for employment. 
       
       Since his discharge from the Army, he has not been in any kind of trouble, and for this reason, he is asking for an honorable discharge before the board.  The applicant is to be commended for his character and behavior adjustment that he has outlined in his application.  However, these accomplishments do not provide the Board a basis upon which to grant relief.  Further, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities. 
       
       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: 4 August 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 AR20090017641
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