Applicant Name:  ?????

Application Receipt Date: 2010/01/15	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, the he was never given a chance to defend himself, nor was any counseling done on his behalf during his entire tenure with his unit.  He was discharged because his chain of command felt that his personal life was interfering with his work, but he was never counseled for poor work.  Due to the nature of his discharge, he cannot pursue any job, be it government or other, to try and build a career with.  He was 20 years old when he was discharged and was young and did not have a lot of experience. He would like to enlist in the Army again and serve his country the correct way. He request that the board change his discharge to fully honorable so that he can pursue a career or attend school and not be turned away. 

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: 030127
Discharge Received: 			   Date: 030218   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: HQ & HQ Company, 1st Battalion, 160th Special Operations Aviation Regiment (Airborne), Fort Campbell, KY 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 021210, made and uttered to Wal-Mart two bad checks in the amount of $13.00, and another one for $51.63 on or about (021209), failed to go to his appointed place of duty on or about (021205), failed to obey a lawful order issued by a SGT, on or about (021115), extra duty for 15 days and a oral reprimand (CG)

Article 15, 020827, stole money of a value of about $50.00, the property of a SGT on or about (020701), disobeyed a lawful order from SGT, a noncommissioned officer x 2 on or about (020607) and (020627), reduction to Private (E-1), forfeiture of $552.00 pay per month for two months, suspended, to be automatically remitted if not vacated before (030227), 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:  18
Current ENL Date: 010620    Current ENL Term: 6 Years  ?????
Current ENL Service: 	1 Yrs, 7 Mos, 29 Days ?????
Total Service:  		1 Yrs, 7 Mos, 29 Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 55B10 Ammunition Spec   GT: 98   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: The applicant stated in his issue that he has spent the last 3 years and 10 months working with a civilian contracting company in Kuwait on Camp Arifjan, and then worked a year and 2 months in the ammunition supply point.  

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 27 January 2003, 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 had multiple failures to be at his appointed place of duty, failure to obey direct orders from hs supervisors, writing bad checks and stealing money from another Soldier, 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 5 February 2003, 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 Military Police Report in reference to the applicant's offense of larceny of private property funds (Article #121, UCMJ) dated 10 July 2002.

       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 issues that; 1. he was never given a chance to defend himself, nor was any counseling done on his behalf during his entire tenure with his unit.  2. He was discharged because his chain of command felt that his personal life was interfering with his work and due to the nature of his discharge, he cannot pursue any jobs, be it government or other, to try and build a career with. 3. He was 20 years old when he was discharged and was young and did not have a lot of experience.  4. He would like to enlist in the Army again and serve his country the correct way.  He requests that the board change his discharge to fully honorable so that he can pursue a career or attend school and not be turned away. 
       
       Issues 1 through 4 are rejected.  The evidence of record shows that the command attempted to assist the applicant in performing and conducting himself to Army standards by providing counseling and by the imposition of nonjudicial punishment.  The applicant failed to respond appropriately to these efforts.  Further, the analyst found no evidence of arbitrary or capricious actions by the command.  The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  
       Additionally, 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 analyst congratulates the applicant on his work achievements since departing the Army.  However, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  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.  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.
       
       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: 18 October 2010         Location: Washington, DC 

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: DD Form 293 dated 20 December 2009 and a character reference letter dated 22 September 2010.

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review, hearing his testimony 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 AR20100007511
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