Applicant Name:  ?????

Application Receipt Date: 2010/05/27	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states "While I was in the 82nd ABN DIV I got married and my wife was using drugs while I was out in the field. That prevented me from paying my bills. I have since separated from her and I am currently in the process of finalizing my divorce to her. I have had no contact with her since I left her.
I currently work at Auto Zone and have been there coming up on 3 years now. I have not been in any trouble with the law, and I have been able to pay my bills on time when they are due."

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: 050208
Discharge Received: 			   Date: 050322   Chapter: 14-12b       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKA   Unit/Location: Alpha Company, 1st Battalion, 325th Airborne Infantry Regiment, 82nd Airborne Division, Fort Bragg, NC 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 041115, failed to go to his appointed place of duty of duty on or or about (040923), the continuation sheet (DA Form 2627) is not in the available record; reduction to the grade of Private (E-1), forfeiture of $597.00 pay per month for 2 months, suspended, to be automatically remitted if not vacated before (050514), restriction and extra dity for 45 days (FG)

Article 15, 040729, failed to go to his appointed place of duty on or about (040716), the continuation sheet (DA Form 2627) is not in the available record; reduction to the grade of Private First Class (E-3), foreiture of $349.00 pay per month for 1 month, suspended, to be automatically remitted if not vacated before (050125), restriction and extra duty for 45 days (CG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 020605    Current ENL Term: 6 Years  ?????
Current ENL Service: 	2 Yrs, 9 Mos, 18 Days ?????
Total Service:  		2 Yrs, 9 Mos, 18 Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 11B1P Infantryman   GT: 99   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, GWOTSM, ASR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments:  The applicant stated in his issue that he is currently working at Auto Zone and has been there for 3 years.  He has not been in any trouble with the law, and he has been able to pay his bills on time when they are due.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 8 February 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 for his continuous disciplinary problems, to include two Article 15s he received within a five month period, with a general, under honorable conditions discharge.  He was advised of his rights.  The applicant voluntarily waived his right to consult with legal counsel, was advised of the impact of the discharge action, 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 a general, under honorable conditions discharge.  On 17 February 2005, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. 
       
       The record contains a Military Police Report in reference to the aplicant's offense of; child abuse dated 10 November 2000. 

       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 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 got married and his wife was using drugs while he was out in the field and that prevented him from paying his bills.  He has since separated from her and is currently in the process of finalizing his divorce.  While the applicant may believe his family issues at home was the underlying cause of his misconduct, the record of evidence does not demonstrate that he sought relief from his issues 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.
       
       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: 9 February 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: Online application dated 19 May 2010.

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 AR20100015663
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