Applicant Name:  ?????

Application Receipt Date: 2010/01/05	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that "his disgraceful other than honorable discharge gave him low self-esteem and he regretted his actions. He was only 19 and was led astray by older Soldiers. He was in violation of curfew and underage drinking while in Korea. He received an Article 15 for this and during his punishment period, he was caught breaking curfew again, He was given an other than honorable conditions discharge. He got a job and put the past behind him. He has learned from his mistakes and take responsibility for himself and his actions. He now has a long-term job, wife and two beautiful children. He is ready to start a new chapter in his life. 

The first step is to change the character of his discharge. He can't move forward in employment due to his discharge. The military taught him a lot about himself, life in general and the importance of self-discipline. He also wishes to upgrade his dishcarge so it would facilitate him being able to obtain student loans to pursue an education and gain the skills and knowledge necessary to become a productive member of society. An upgrade would also allow him to obtain some self-respect in this area of his life. He humbly ask, that the board consider his request. 

He simply wants an opportunity at a better life and wants to to move onward and upward should the opportunity present itself. He would even consider reenlisting to serve his country with new vision, self control, sense of purpose, honor and gratitude to be able to make up for his past. Please consider the information provided and he pray that the board will be gracious and grant him an upgrade. He is considering reenlistment in the Army now that he has a family to support. He feels that the military is a great way to raise a family and expose them to other cultures." 

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: 040816
Discharge Received: 			   Date: 041001   Chapter: 14-12b       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKA   Unit/Location: HQ & HQ Detachment, 94th Military Police Battalion, 8th Military Police Brigade, APO AP Korea 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 040520, willfully disobeyed a lawful command from a CPT, his superior commissioned officer on or about (040403), disrespectful in deportment toward SGT, a noncommissioned officer on or about (040411), wrongfully consuming alcohol during Reception, Staging, Onward Movement And Integration (RSO&I) on or about (040326), wrongfully consuming alcohol in the Republic of Korea while under the permissible drinking age of 20 years old on or about (040326), and stole a handbag of some value, the property of Miss D, on or about (040326), reduction to Private (E-1), forfeiture of $621.00 pay per month for two months, extra duty and restriction for 45 days (FG)

Article 15, 040623, failed to go to his appointed place of duty on or about (040530), and broke restriction on or about (040530), forfeiture of $621.00 pay per month for two months, extra duty and restriction for 45 days (FG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 030409    Current ENL Term: 3 Years  ?????
Current ENL Service: 	1 Yrs, 5 Mos, 23 Days ?????
Total Service:  		1 Yrs, 5 Mos, 23 Days ?????
Previous Discharges: 	None
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: 92F10 Petroleum Supply Spec   GT: 91   EDU: HS Grad   Overseas: Korea (030923-041001)   Combat: None
Decorations/Awards: NDSM, GWOTSM, KDSM, 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 16 August 2004, 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 has been counseled on numerous occasions about his pattern of misconduct, ranging from wrongfully disobeying a lawful command from a superior commissioned officer, wrongfully consuming alcohol while under the permissible drinking age, fleeing apprehension by a Military Police Investigator, making a false official statement to a Military Police Investigator, violating a lawful general order regarding off installation curfew, failed to go to his appointed place of duty, disrespectful in deportment towards a noncommissioned officer and stole the property of an individual. The unit commander recommended separation from the Army with an under other than honorable conditions discharge.  He was advised of his rights. 
       
       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 provided the charges preferred against him are withdrawn or dismissed.  The applicant 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's reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge.  On 22 September 2004, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than honorable conditions. 
       
       The record contains two Military Police Report's dated 14 April 2004 and 8 August 2004, in reference to the applicant's offense of larceny of private property, and the other offense for failing to obey a general order (curfew violation).   

       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 he was only 19 and was led astray by older Soldiers and he is now ready to start a new chapter in his life and can't move forward in employment due to his discharge. The analyst found that the applicant met entrance qualification standards to include age.  The analyst further found no evidence that the applicant was any less mature than other soldiers of the same age who successfully completed military service.  The Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  
       
       The applicant further contends that he would like to be able to obtain student loans to pursue an education to become a productive member of society and would even consider reenlisting to serve his country to make up for his past.  Eligibility for veteran's benefits to include educational benefits under the Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. 
       
       Further 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: 29 September 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated 30 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 AR20100006921
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