Applicant Name:  ?????

Application Receipt Date: 2010/03/19	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "Greetings Army Review Board I Belive my discharge should be changed for the following reasons. I was only considered the punishment of General Discharge because I was diagnosed with the HIV virus prior to the my behavior action. My company comander said that because I had been late to formations in the past and because  I had previous Article 15 over 1 year ago that it would be sutiable for me. Secondly I am trying to get back into college and after paying for my Montgomery GI Bill while being enlisted i can no longer use it because of this dicharge. I can not futher my education and support my family with out the means to do so. I have spoken with the Honarble Jack Kingston (Representative in Congress) and he also agree after looking at my files and documents that there were not enough evidence nor substantial grounds to discharge me from the military or under the discharge that i have recive. Please consider my application for and uprgrade thank you Sirs and mams."

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: 091015
Discharge Received: 			   Date: 091103   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: Hqs Spt Co, 603rd AV Spt Bn, Hunter Army Airfield, GA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 071221, without authority, failed to go at the time prescribed to his appointed place of duty x 2 (071123), (071127); dereliction of duty, in that he failed to remain in his quarters, as it was his duty to do (071101); with intent to deceive, made a false official statement to a 2LT (071205); reduction to E-1, forfeiture of $303 pay x 1 month (suspended), and extra duty for 14 days (FG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 060329    Current ENL Term: 04 Years  ?????
Current ENL Service: 	03 Yrs, 07Mos, 05Days ?????
Total Service:  		03 Yrs, 07Mos, 05Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 44B10 Metal Worker   GT: 94   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (070507-080908)
Decorations/Awards: NDSM, ASR

V.  Post-Discharge Activity
City, State:  Savannah, GA 
Post Service Accomplishments: None Listed 




VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 15 October 2009, 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 misconduct-pattern of misconduct for receiving an Article 15 for multiple failures to report and making a false official statement (071221); falsifying an official document, and failing to obey orders from a noncommissioned officer (090831), with a general, under honorable conditions discharge.  He was advised of his rights.
         
       On 20 October 2009, 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 and senior  intermediate commanders reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.
         
       On 23 October 2009, the separation authority waived further rehabilitative efforts and directed 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 during the period of enlistment under review and the issues submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  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 his 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 contention that he received a general discharge because he was diagnosed with the HIV virus prior his behavior action. The record does not support the applicant’s contention, and no evidence to support it has been submitted by the applicant, that the discharge was the result of any medical condition.  
       
       The applicant contends that he is trying to get back into college and after paying into the Montgomery GI Bill he cannot use it because of the discharge he received, he cannot futher his education and support his family without the means to do so.  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: 5 November 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: Online Application, dated (100306).

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 characterization of service is too harsh, and as a result it is inequitable.  The Board determined that the length of the applicant’s service, to include his combat service, mitigated the discrediting entries in his service record.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable.  However, the Board determined that the reason for discharge was both proper and equitable and voted not to change it.  
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 3    No change 2
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: None
















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 AR20100011472
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