Applicant Name:  ?????

Application Receipt Date: 2010/05/25	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states in effect that he request an honorable discharge like he was initially instructed to receive.  He believes he was deceived about the reasons and the type of discharge prior to getting out.  He further claims that he was not given an opportunity to go to TDS when he found out his discharge was general on his DD Form 214.

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: 100309
Discharge Received: 			   Date: 100331   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: USA Medical Department Activity, Ft Campbell, KY 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 091110, failed to go at the time prescribed (090729), reduction to E2, suspended.

100605, vacation of suspension for willfully disobey an order from and NCO (091118), reduction to E2.

090618, failed to go at the time prescribed x3 (090421, 090422, 090428), derelict in the performance of his duties x3 (090423, 090425, 090429), making a false statement (090425); reduction to E3, suspened to 090918, forfeiture of $448 paer per month for one month, extra duty for 14 days suspended until 090701 (CG)

090910, vacation of suspension for failed to go at the time prescribed (090729), reduction to E3. 


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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  27
Current ENL Date: 060817    Current ENL Term: 4 Years  ?????
Current ENL Service: 	3 Yrs, 07Mos, 15Days ?????
Total Service:  		3 Yrs, 07Mos, 15Days ?????
Previous Discharges: 	None
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 68G10 Patient Admin Spec   GT: 117   EDU: 2 yrs college   Overseas: None   Combat: None
Decorations/Awards: NDSM, GWOTSM, ASR

V.  Post-Discharge Activity
City, State:  Oak Grove, KY
Post Service Accomplishments: None submitted


VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 9 March 2010, 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 failing to report to your place of duty on multiple occasions between (090421-090428), dereliction of duty (090423), lying to a noncommissioned officer (090425), failing to report to your place of duty (090729) and being arrested for driving under the influence (070513), with an honorable conditions discharge.  He was advised of his rights.  
       
       The applicant's election of  rights is not in the available record; however, the analyst presumes government regularity in the discharge process.  The intermediate commanders reviewed the proposed action and recommended approval of the separation with an honorable conditions discharge.  
       
       On 30 March 2010, the separation authority waived further rehabilitative efforts and directed the applicant’s discharge 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 which 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 applicant contends that he was deceived  about the reason of his discharged because his commander recommended an honorable discharge and he received a general discharge.  The analyst noted the applicant's issue; however, in the commander's notification memorandum to the applicant states that the separation authority is not bound by the recommendation of the commander and he may direct a characterization of general, under honorable conditions.
       
        Further, the applicant  states the he was not given an opportunity to go to TDS when he found out about his general discharge.  There is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption.  The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support his issue.  There is no evidence in the record, nor has the applicant produced any evidence or documentation to support the contention.  The applicant’s statement alone does not overcome the government’s presumption of regularity in this case.  
       
       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: 11 February 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 214 and six pages of his separation paperwork

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 AR20100015519
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