Applicant Name:  ?????

Application Receipt Date: 2010/03/29	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: Applicant states in effect he wants an upgrade and RE Code changed so he can reenlist.  Family issues caused his stress and AWOL.

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: 091201
Discharge Received: 			   Date: 091217   Chapter: 13       AR: 635-200
Reason: Unsatisfactory Performance	   RE:     SPD: JHJ   Unit/Location: C Co, 787th MP BN, Ft Leonard Wood, MO 

Time Lost: None

Article 15s (Charges/Dates/Punishment): None

Courts-Martial (Charges/Dates/Punishment): The record shows the applicant achieved the rank of E4 and was discharged as an E3.  The UCMJ action that reduced him is not in his OMPF.

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 090209    Current ENL Term: 4 Years  ?????
Current ENL Service: 	00 Yrs, 10Mos, 09Days ?????
Total Service:  		3 Yrs, 07Mos, 28Days ?????
Previous Discharges: 	RA 060331-090208/HD (Immediate Reenlistment)
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 91F10 Small Arms/Artillery   GT: 103   EDU: HS Grad   Overseas: SWA   Combat: Iraq (070907-081115)
Decorations/Awards: ARCOM, MUC, AGCM, NDSM, ICMw/CS, ASR, OSR

V.  Post-Discharge Activity
City, State:  Fishers, IN
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 1 December 2001, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 13, AR 635-200, by reason of unsatisfactory performance for failing to meet the standards to become a MP, given several attempts to qualify with an M9 pistol and have failed to meet the minimum standard, displayed reckless behavior while driving a police vehicle, first time failure on the Law Exam and multiple instructors have stated that you have trouble learning the material, and was given an Article 15 for failure to report, with a general, under honorable conditions discharge.  
       The applicant's lelection of rights are not in the available record; however, the analyst presumed government regularity in the process.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  
       The separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a general, under honorable conditions discharge.  The applicant was not transferred to the U.S. Army Reserve Control Group.

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this Chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory Soldier.  Army policy states that a general, under honorable conditions discharge is normally considered appropriate; however, a fully honorable discharge may be granted in meritorious cases.

       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.  There was a full consideration of all faithful and honorable service as well as the incidents of unsatisfactory performance.  
       The analyst determined that the applicant’s discharge was appropriate because the quality of the service was not consistent with the Army’s standards for acceptable personal conduct and performance of duty by military personnel.  By the unsatisfactory performance, the applicant diminished the quality of service below that meriting a fully honorable characterization of service.  
       Furthermore, the analyst noted the applicant’s issue and determined that the applicant had many legitimate avenues through which to obtain assistance or relief, without committing the misconduct, which led to the separation action under review.
       Additionally, the applicant believes that he has an under other than honorable conditions discharge, and is requesting a general, under honorable conditions discharge.  The separation authority directed that the applicant be discharged with a general, under honorable conditions and that is annotated on his DD Form 214.  
       Further, 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. 
       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. 

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 22 June 2010         Location: Chicago, IL

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 214 and Orders Number 349-1332











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 AR20100011657
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