Applicant Name:  ?????

Application Receipt Date: 2009/10/22	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "It has been over a year".

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: NIF
Discharge Received: 			   Date: 071206   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: Rear Detachment, 3d ACR, Ft Hood, TX 

Time Lost: AWOL x 3, from (070412-070513) for 32 days, AWOL from (070514-070621) for 39 days, and AWOL from (070904-070909)for 6 days. The applicant returned to his unit from all three of the periods of awol. The total time lost was 77 days. 

Article 15s (Charges/Dates/Punishment): 070823, without authority failed to go at the time prescribed to his appointed place of duty on or about (070710), the continuation sheet is not in the available record; reduction to E2, forfeiture of $500 pay for two months, restriction and extra duty for 45 day (FG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: 040909    Current ENL Term: 4 Years  19 weeks
Current ENL Service: 	3 Yrs, 0 Mos, 12 Days The applicant extended his enlistment of 4 years, and 19 weeks, which he enlisted on (040909), to a period of 4 years, 2 months, and 19 weeks. The period of the extension was for 2 months with a new ETS date: (091019). The extension of service was at the request and for the convenience of the government. 
Total Service:  		3 Yrs, 00Mos, 12Days  
Previous Discharges: 	None
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 19K10 Armor Crewmember   GT: 97   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (050309-060216)
Decorations/Awards: ARCOM, NDSM, GWOTEM, GWOTSM, ASR, OSR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None submitted

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on  24 September 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 being AWOL, failing to go at the time prescribed to his appointed place of duty, testing positive for a controlled substance, driving while under the influence of alcohol, having been arrested for reckless driving and also being disrespectful toward a NCO, with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 2 October 2007, 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.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.  
       
       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 Kileen Police Department incident Investigation Report dated 070303 and a Memorandum of Reprimand dated 070319 for operating a motor vehicle while intoxicated.  Additionally, there is also a Harker Heights Police Incident Investigation Report dated 061124 for reckless driving.
       
       Additionally, the record contains a psychiatric evaluation dated 070713 from Metroplex Hospital diagnosing the applicant with Post Traumatic Stress Disorder, Chronic, Acute.  The immediate treatment plan stated to hospitalize the applicant for his own safety  and his thoughts of hurting others. 

       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.  
       
       Furthermore, the analyst noted the applicant’s issue about his request for an upgrade because it has been one year.  However, the US Army does not have, nor has it ever had, a policy to automatically upgrade discharges due to lapse of time.  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.  The Defense Discharge Review Standards specifically state that no factors should be established that requires automatic change or denial of a change in 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: 20 August 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: The applicant submitted a DD Form 149 dated 5 October 2009.

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 AR20090018483
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