Applicant Name:  

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

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states:  "The Army is all I ever wanted to do it is what I loved.  Then i got married and in Oct. 06 we found out she was pragonant with our first child then in Dec. 2006 she misscarried and i was called while in the ER with my wife and told that i had to leave her there alone and report for duty when i had already called my sgt. and he said to stay there with her. My wife left me not long after because of this action and i never got over the loss of our child and wife. Then i felt that i was not being treated fairly so i asked to be reassigned to our sister unit and it was denied and i was sent from bravo company to charlie company and recived the same misstreatment I was not allowed to talk to friends from my old company or they would get into trouble and when i came time for promotins i was overlooked I tried hard to do anything i could to fix the situation but the damage done with B. co followed me to C. co because the NCOs all knew eachother i have wanted to go back into the Army when i hurt my back during training i was told i was lying and threated with art. 15s. I still love the Army and all it stands for and would love to go back into the service I am not saying that i have not made my share of bad choices like everyone else. I am asking that i be givin a second chance to serve the people of this country and allowed to use my GI bill. I would like to finish what i started I am an EMT-Basic now and would like to continue on to become an Emt-Paramedic the skills the Army taught me have helped me since I am no longer mad or bitter at those who misused the power givin them to mistreat and make other and myself feel less then human."

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: 070821
Discharge Received: 			   Date: 070912   Chapter: 14-12b    AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: C Co, 2-30 IN Bn, Fort Polk, LA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 070807, wrongfully wore a Combat Infantry Badge (070629), reduction to E-1, forfeiture of $304 (suspended), 4 days of extra duty and restriction (CG)

060322, failure to report on two occasions (060216 and 060221), disobeyed the lawful order from an NCO (060221), reduction to E-2, forfeiture of $333 (suspended), 14 days of restriction and extra duty (CG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 040608    Current ENL Term: 6 Years  ?????
Current ENL Service: 	03 Yrs, 03Mos, 05Days ?????
Total Service:  		03 Yrs, 03Mos, 05Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 11B10/Infantryman   GT: 107   EDU: HS Grad   Overseas: SWA   Combat: Afghanistan (061104-070302)
Decorations/Awards: NDSM, ACM, GWOTSM, ASR, NATO MDL


V.  Post-Discharge Activity
City, State:  Pryor, OK
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 21 August 2007, 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 disobeying lawful orders from NCOs on six occasions, for failing to follow orders or regulations on 17 occasions, for failure to report to his designated place of duty on 7 occasions, for provoking speeches and gestures on two occasions, with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 23 August 2007, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted 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 6 September 2007, 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 and documents 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 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 found no evidence of arbitrary or capricious actions by the command.  The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  
       
       Furthermore, the analyst noted the applicant’s issue about having family problems, and determined that he had many legitimate avenues through which to obtain assistance or relief, without committing the misconduct, which led to the separation action under review.
       
       Additionally, if the applicant wants to rejoin and have a second chance at serving, he should contact the local recruiter to determine his eligibility to reenlist.  Those individuals can best advise a former service member and are required to process waivers to reentry codes if appropriate.  At the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3” which is a disqualification that may be waiverable.  Further, 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.
       
       Finally, the applicant also requests that the reason for his discharge be changed.  However, he was discharged under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, by reason of pattern of misconduct with a general, under honorable conditions discharge.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Pattern of Misconduct and the separation code is "JKA."  Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be entered under this regulation.  
       
       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:  Records Review		Date: 24 June 2010         Location: Chicago, IL

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA

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: 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 AR20100011979
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