Applicant Name:  ?????

Application Receipt Date: 2010/03/02	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "The discharge was based on actions that were not representative of the majority of my service period and I was going through personal issues because of multiple deaths in my family."

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: 021007
Discharge Received: 			   Date: 021009   Chapter: 14-12a       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKN   Unit/Location: C Btry, 2nd Bn, 1st ADA, 35 Bde, Fort Bliss, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 020724, In that the applicant did, at Fort Bliss, TX:

on or about 24 May 2002 without authority and through neglect, lose his kevlar, military property of the United States; 

on or about 09 July 2002, with intent to deceive, sign an official record, to wit:  DA 2823 (Sworn Statement), which was false, and then was known by you to be false;

on or about 11 July 2002, knew of his duties and was derelect in the performance of those duties in that he negligently failed to shave as it was his duty to do so;

on or about 8 July 2002, knew of his duties and was derelict in the performance of those duties in that he negligently failed to report back to duty after returning from leave as it was his duty to do so;

on or about 11 June 2002, knew of his duties and was derelict in the performance of those duties in that he negligently failed to shave as it was his duty to do so;

reduction to E1; forfeiture of $55200 of pay per month for two months, suspended to be automatically remitted if not vacated before 24 January 2003, restriction for 45 days 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: 000720    Current ENL Term: 6 Years  ?????
Current ENL Service: 	02 Yrs, 02Mos, 20Days ?????
Total Service:  		02 Yrs, 02Mos, 20Days ?????
Previous Discharges: 	None
Highest Grade: E3		Performance Ratings Available: Yes    No 
MOS: 14T10/Patriot Missile Crewmember   GT: 102   EDU: HS Grad   Overseas: Korea   Combat: None
Decorations/Awards: AAM x 2, ASR, OSR


V.  Post-Discharge Activity
City, State:  Amarillo, TX
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 7 October 2002, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12a, AR 635-200, by reason of misconduct for receiving an Article 15 (020724) and receiving a counseling statement for failing to comply with a direct order (020805), 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 Army and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed action and recommended approval of the separation with a general, under honorable conditions discharge.  
       
       The separation authority waived further rehabilitative efforts and directed the applicant’s discharge 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 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 which would merit an upgrade of the applicant's discharge.    
       
       The analyst determined the applicant’s discharge was appropriate because the quality of 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 the former Soldier’s 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 acknowledges the applicant’s in-service accomplishments and considered the quality of his service during the initial portion of the enlistment under review.  However, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge as shown by the repeated incidents of misconduct or by the multiple negative counseling statements, and the documented actions under Article 15 of the Uniformed Code of Military Justice.
       
       Additionally, the analyst noted that the separation authority directed RE-4 for the reentry eligibility code for the applicant's discharge; however, the record shows the reentry eligibility code on the applicant's DD Form 214 as RE-3.  The RE-4 directive from the separation authority is inconsistent with the RE code that the narrative reason dictates.  Hence, changing the reentry eligibility code to RE-4 would be inequitable.  Therefore, the analyst recommends no change to the RE code. 
       
       Therefore, the analyst determined the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief.   
       
       The applicant submitted one document in support of the personal appearance hearing.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 24 February 2011         Location: Dallas, TX

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 214

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: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA













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 AR20100009611
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