Applicant Name:  ?????

Application Receipt Date: 2010/03/24	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he was in the Army since 05 until 09 and made SGT/E5 in 2 1/2 years and was a team leader at E4 and than a squad leader at E5. He made one bad decision and admitted it and took his punishment. He went on deployment for 15 months and got awards and medals. He has been trying to go to school and get a job, but it is effecting him so bad. He has three kids and wants to be a police officer. He was a great noncommissioned officer and leader.

He admits he was wrong. He has a CIB, EIB, went to the NCO Academy and to WLC and was a great leader. His old commissioned officer was working for his Commanding General and helped with his discharge decision. He believes he did not deserve this. He will also include his ERB. He has completed his first enlistment and reenlisted for a second term. He has one honorable certificate for his first enlistment. He really hopes that the board can take time to make the right decision for him.

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: 091103
Discharge Received: 			   Date: 091130   Chapter: 14-12c       AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: HQ & HQ Company (Rear) (Provisional), 2nd Brigade Combat Team (Rear) (Provisional), 10th Mountain Division (Light Infantry), Fort Drum, NY 

Time Lost: AWOL x 1 from (090117-090811) for 205 days, the applicant returned to his unit.

Article 15s (Charges/Dates/Punishment): 090109, as a result of wrongful previous overindulgence in intoxicating liquor or drugs, incapacitated for the proper performance of his duties on or about (081218), reduction to Specialist (E-4), foreiture of $1,012.00 pay per month for 2 months, suspended, to be automatically remitted if not vacated before (090708), extra duty and restriction for 45 days and an oral reprimand (FG)

Courts-Martial (Charges/Dates/Punishment): 091023, Summary Court Martial for AWOL on or about (090117-090811), and breaking restriction on or about (090109). He was sentence to reduction to Private (E-1), and restriction for 2 months.

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  21
Current ENL Date: Reenl/080521    Current ENL Term: 5 Years  ?????
Current ENL Service: 	1 Yrs, 5 Mos, 15 Days ?????
Total Service:  		3 Yrs, 10 Mos, 14 Days ?????
Previous Discharges: 	RA 050622-080520/HD 
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 11B10 Infantryman   GT: 94   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (060817-071104)
Decorations/Awards: ARCOM, AAM, GCMDL, NDSM, GWTSM, ICMDLw/CS, NCOPDR, ASR, OSR, CIB, EIB

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 2 November 2009, 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 went AWOL on or about (090117-090811) and broke restriction on (090109), 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, voluntarily and unconditionally waived consideration of his case by an administrative separation board and understood that he would receive a characterization of service of under other than honorable condition, 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 an under other than honorable conditions discharge.  On 19 November 2009, 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. 

       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 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 or general, under honorable conditions 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 applicant contends that he has been trying to go to school and get a job, but his discharge is affecting him so bad.  He has three kids and wants to be a police officer and he was a great noncommissioned officer and leader.  The analyst considered the applicant’s quality of service during the initial portion of the enlistment under review.  However, this service was determined not to be sufficiently meritorious to warrant an upgrade to the characterization of discharge.  Further, Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.
       
       Additionally, 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: 15 December 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated 25 February 2010, Honorable Discharge Certificate for the period of service ending 20 May 2008,  DA Form 1059, Service School Academic Evaluation Report dated 17 Decmber 2008, Verification of his Military Experience and Training dated 1 July 2009, Noncommissioned Officers Academy Graduation Diploma dated 17 December 2008, Enlisted Record Brief dated 24 November 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 AR20100011203
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