Applicant Name:  ?????

Application Receipt Date: 2010/04/23	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that was an exemplary Soldier and was never in trouble or had any disciplinary problems while at Fort Benning.  His problems started almost immediately when he was put in a platoon at Fort Sam Houston with the 232nd Medical Battalion. His drill sergeant was prejudice against him and all the Soldiers who came from Fort Benning.  He arbitrarily gave out Article 15 disciplinary actions to as many as 6 of us who came from Fort Benning for minor infractions and some were given more than one for the same minor infractions. He would like to reenlist and believes that his status should be changed to honorable.

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: 040217
Discharge Received: 			   Date: 040219   Chapter: 14-12b       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKA   Unit/Location: Company B, 232nd Medical Battalion, Fort Sam Houston, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 011003, was disorderly in Company B, 232nd Medical Battalion on or about (030920), forfeiture of $200.00 pay per month, restriction and extra duty for 14 days (CG)

Article 15, 030825, disobeyed a direct order from a noncommissioned officer on or about (030818), extra duty and restriction for 10 days (Summarized)

Article 15, 031204, altered an official record (DA Form 705), in that he changed his PT scores on or about (031009), failed to obey a lawful order from a LTC, his superior commissioned officer on or about (031101), forfeiture of $575.00 pay per month for 2 months, extra duty and restriction for 45 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: 030506    Current ENL Term: 4 Years  ?????
Current ENL Service: 	0 Yrs, 9 Mos, 14 Days ?????
Total Service:  		0 Yrs, 9 Mos, 14 Days ?????
Previous Discharges: 	None
Highest Grade: E-1		Performance Ratings Available: Yes    No 
MOS: 91W10 Health Care Spec   GT: 108   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR

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 28 January 2004, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12b, AR 635-200, by reason of a pattern of misconduct; in that he missed movement for sick call on (040107), failed to be at accountability formation on (040106), failed to attend part II of his physical on (031219), was caught sleeping in the barracks after being told to change uniforms, falsified his PT scores, missed bed check, and on one occasion was disorderly on (031215), with a general, under honorable conditions discharge.  He was advised of his rights. 
       
       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 service 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.  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, the issues and documents 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 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 issue that he was an exemplary Soldier and was never in trouble or had any disciplinary problems while at Fort Benning.  His problems started almost immediately when he was put in a platoon at Fort Sam Houston with the 232nd Medical Battalion.  His drill sergeant was prejudice against him and all the Soldiers who came from Fort Benning.  He arbitrarily gave out Article 15 disciplinary actions to as many as 6 of us who came from Fort Benning for minor infractions and some were given more than one for the same minor infractions.  The analyst considered the applicant’s overall 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, there is no evidence in the applicant's personnel service record which shows that the applicant sought assistance from his chain of command for issues involving racism or notified his chain of command that his disciplinary problems were as a result of racism.  
       
       Additionally, 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.  
       
       The applicant further contends that he would like to reenlist.  If the applicant desires to reenlist, he should contact the local recruiter to determine his 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.  
       
       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: 19 January 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated 16 April 2010, and three Certificates presented to the applicant while on active duty. 

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: ?????
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 AR20100013592
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