Applicant Name:  ?????

Application Receipt Date: 2010/04/29	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he believes the record was unjust because he requested help while he was with his unit and he was a pretty high speed Soldier until he had the issues with his wife, now his ex-wife. The statistical Army spouse who cheated and gave another man a child. He had a lot of stress that he did not know how to deal with. He thought that the best stress reliever at the time was his divorce.  

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: 051208
Discharge Received: 			   Date: 060106   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: Company D, 1st Battalion, 101st Aviation Regiment, 101st Airborne Division (Air Assault), Forward Operating Base, Speicher, Iraq 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 051125, failed to go to his appointed place of duty x 2 on or about (051101) and on or about (051106). reduction to Private (E-2, and an oral reprimand (CG)

Article 15, 050504, failed to go to his appointed place of duty x 3 on or about (050307), (050406), and (050406), dereliction of duty; in that he negligently failed to stay awake while on duty, as it was his duty to do so on or about (050105), reduction to Private First Class (E-3), extra duty and restriction for 14 days, and an oral reprimand (CG)

Article 15, 040727, failed to go to his appointed place of duty x 4 on or about (040602), (040708), (040709), and (040714), dereliction of duty; in that he failed to work on his aircraft, as it was his duty to do and was found sleeping on or about (040714), restriction and extra duty for 10 days, and an oral reprimand (Summarized), 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  27
Current ENL Date: Reenl/021106    Current ENL Term: 4 Years  ?????
Current ENL Service: 	3 Yrs, 2 Mos, 1 Days ?????
Total Service:  		6 Yrs, 10 Mos, 14 Days ?????
Previous Discharges: 	RA 990223-021105/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 15Y10 AH 64D Armament Elec Avionics Sys/63S10 Hvy Wheeled Veh Mech   GT: 110   EDU: HS Grad   Overseas: Hawaii, Southwest Asia   Combat: Iraq (050905-051226)
Decorations/Awards: AAM, GCMDL (2), NDSM, GWTSM, ICMDL, 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 8 December 2005, 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 did between 2 June 2004 and 10 May 2005, received numerous counseling statements for various acts of misconduct, to include missing movement for gunnery training, failing to obey a lawful order to remove jewelry from his person, failing to maintain cleanliness of his barracks room, failing to obey a direct order to be in the proper uniform during a barracks inspection, failing to report to formations, and making a false official statement to a noncommissioned officer. 
       
       On 27 July 2004, he received a Summarized Article 15 for failing to go at the prescribed time to his appointed place of duty on four occasions and dereliction of duty for not staying awake while he was on duty.  The punishment imposed was extra duty and restriction for 10 days.  
       
       On 21 April 2005 he received a Company Grade Article 15 for failing to go at the prescribed time to his appointed place of duty on three occasions and dereliction of duty for not staying awake while he was on duty.  The punishment imposed was reduction to Private First Class (E-3), extra duty and restriction for 14 days, and an oral reprimand.  On 21 November 2005, he received a Company Grade Article 15 for failing to go at the prescribed time to his appointed place of duty on two occasions.  The punishment imposed was reduction to Private (E-2) and an oral reprimand. 
       
       The unit commander recommended separation from the service 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 waived consideration of his case by an administrative separation board contingent upon him receiving a characterization of service no less favorable than a general, under honorable conditions discharge 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 17 December 2005, the separation authority waived the applicant's rights to a hearing before an administrative separation board, 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 issue 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 believes the record was unjust because he requested help while he was with his unit and that he was a pretty high speed Soldier, until he had the issues with his wife, now his ex-wife.  The applicant claims that the stress in his marriage resulted in his discharge. 
       
       While the applicant may believe that the stress of his marriage was the underlying cause of his misconduct, the record of evidence does not demonstrate that he sought relief from stress through his command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other medical resources available to all Soldiers. 
       
       Likewise, he has provided no evidence that he should not be held responsible for his misconduct.  Further, the evidence of record shows that the command attempted to assist the applicant in performing and conducting himself to Army standards by providing counseling and by the imposition of nonjudicial punishment.  The applicant failed to respond appropriately to these efforts.  
       
       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: The applicant submitted a DD Form 149 dated 14 April 2010 in lieu of a DD Form 293, a copy of his Dissolution of Marriage dated 27 July 2005.
















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 AR20100014334
______________________________________________________________________________


Page 1 of 4 pages