Applicant Name:  ?????

Application Receipt Date: 2010/03/11	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states in effect that he would like to serve again, was stupid and in love, and that he was a good Soldier for over 48 months.

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: 041012
Discharge Received: 			   Date: 041213   Chapter: 14-12b    AR: 635-200
Reason: Misconduct	   RE:     SPD: JKA   Unit/Location: HHC, 3d BCT, Fort Carson, CO 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 040810, disobeyed the lawful order of an NCO (040508-040511), with intent to deceive provided a false statement (040722), reduction to E-3, 14 days of extra duty and restriction (CG)

030602, duty dereliction found asleep on his guard post (030617), reduction to E-3, forfeiture of $316, 14 days of extra duty and restriction (CG)

030613, duty dereliction found asleep on his guard post (030612), exta duty for 14 days (SUM)	

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  23
Current ENL Date: 040609    Current ENL Term: 4 Years  ?????
Current ENL Service: 	00 Yrs, 06Mos, 05Days ?????
Total Service:  		06 Yrs, 00Mos, 13Days ?????
Previous Discharges: 	USAR 000327-020507/NIF
                                       RA 020508-040608/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 92G10/Food Service Spc   GT: 88   EDU: HS Grad   Overseas: SWA   Combat: Kuwait (030412-030426), Iraq (030426-040321).
Decorations/Awards: NDSM, GWOTEM, GWOTSM, ASR, OSR-2

V.  Post-Discharge Activity
City, State:  Branson West, MO
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 12 October 2004, 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 pattern of misconduct—for having received three Articles 15 on 10 August 2004, 13 June 2003, and on 2 June 2003, and for having received 17 negative counseling statements, with a general, under honorable conditions discharge.  He was advised of his rights.
         
       On 14 October 2004, 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.  
       
       On 20 October 2004, 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 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.  
       
       Furthermore, the analyst noted the applicant’s issue about being stupid and in love and determined that the applicant had many legitimate avenues through which to obtain assistance or relief, without committing the repeated incidents of misconduct, which led to the separation action under review.  The applicant’s misconduct took place while on a deployment to Iraq and in a combat environment.  The applicant disregarded his responsibilities as a designated sentinel and jeopardized the safety of all those Soldiers under his watch when he went to sleep on his guard post.  
       
       At the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.”  If reenlistment is desired, the applicant should contact the local recruiter to determine 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 if appropriate.  
       
       Additionally, the analyst acknowledges the applicant's in service accomplishments as described by him.  However, in review of the applicant’s entire service record, the analyst found that these accomplishments did not overcome the reason for discharge and characterization of service granted.  The applicant's service was marred by three Articles 15, for disobeying a lawful order, providing false statements, and falling to sleep on his guard post while in Iraq.  These are considered serious offenses for which his command could have pursued a punitive discharge, but instead opted for an administrative separation.
       
       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.  
       
       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: 23 June 2010         Location: Chicago, IL

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: Applicant's sister and step-mother. 

Exhibits Submitted: DD Form 214 and four letters of support.

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: NA
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 AR20100010653
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