Applicant Name:  ?????

Application Receipt Date: 2009/12/22	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states in effect that his discharge was all predicated on a number of events involving his ex-wife now, wife than. Police reports of himself getting assaulted (stabbed with knife 5 times) by his ex-wife as well as many false reports, which was proved as such, just to cause controversy. Her actions caused a lot of continuing stress on his superior officers and ultimatly lead to his discharge due to the continual disruption to his unit. As his discharge was due to the actions of others (his wife) and entirely his own, he respectfully request his status be revised to a honorable discharge. As he is now divorced and his ex-wife will no longer cause problems, it is his intentions to reenlist in the Army if he is allowed. 

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: 000830
Discharge Received: 			   Date: 001002   Chapter: 14-12c       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKQ   Unit/Location: A Battery, 2nd Battalion, 82nd Field Artillery, 1st Cavalry Division, Fort Hood, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 000328, disobeyed a lawful command from CPT, his superior commissioned officer on or about (000307); (the DA Form 2627 continuation sheet-NIF), reduction to Private (E-2); forfeiture of $234.00 pay (suspended to be automatically remitted if not vacated by 000928), extra duty and restriction for 14 days (CG)

Article 15, 000215, failed to go to his appointed place of duty x 2 on or about (000127), (991215), reduction to Private (E-2), forfeiture of $262.00 pay (suspended to be automatically remitted if not vacated by 000815), extra duty and restriction for 14 days (CG)

The suspension of the punishment of forfeiture of $262.00 pay imposed on 000215 was vacated, effective 000329 based on the applicant's offense of failing to go to his appointed place of duty on or about (000306).

Courts-Martial (Charges/Dates/Punishment): 000714, Summary Court-Martial for behaving himself with disrespect toward CPT, his superior commissioned officer on or about (000407). He was sentenced to forfeit $332.00 pay for one month and restriction for two months.

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 980127    Current ENL Term: 3 Years  ?????
Current ENL Service: 	2 Yrs, 8 Mos, 6 Days ?????
Total Service:  		2 Yrs, 8 Mos, 6 Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 13B10 Cannon Crewmember   GT: 99   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: 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 29 August 2000, 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 was disrespectful to his superior commissioned officer and was found guilty of the offense by a Summary Court-Martial, 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.  On 12 September 2000, 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 which 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 his discharge was all predicated on a number of events involving his ex-wife, and his intentions to reenlist in the Army if he is allowed.  The evidence of record shows that the command attempted to assist the applicant by removing him out of that environment and placing him in the barracks. 
       
       While the applicant may believe his marital problems at home were the underlying cause of his misconduct, the record of evidence does not demonstrate that he sought additional relief from the numerous Army community services like the Chaplain, Army Community, Family Support Services and the Community Counseling Center available to all Soldiers.  Likewise, he has provided no evidence that he should not be held responsible for his misconduct. 
       
       Additionally, 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 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: 22 September 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated 15 December 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 AR20100000507
______________________________________________________________________________


Page 2 of 3 pages