Applicant Name: 

Application Receipt Date: 2010/02/09	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states:  "I served in the Army for 3yr 11 months 18 days. I chose to serve in the military because I wanted to show my younger brothers and sisters that there is more to life than following "gang bangers" and "drug dealers". I wanted to show them that if you work hard and stay focused that you can still accomplish what you want to without the worries of prison time. I am writing this statement to hopefully prove to you that I am worthy of an upgrade to my DD 214 so that I can rejoin the military.  During my time in the military I did basic training at Ft. Jackson, SC. I did AIT in Ft. Sill, OK as a 13P (Fire Direction Specialist) after AIT I did my first duty station in Korea, I was stationed at Camp Casey where I volunteered for activities such as the color guard and worked hard to be promoted to E3/ Private First Class. After doing a yr in Korea I went on to Ft Bragg, NC where I volunteered for the color guard, funeral team and worked hard to be promoted to E-4/Specialist I also went on my first and only deployment to Afghanistan, where I served my time under TF 373.  Over my 4yrs in the military I have received awards such as the Army Achievement Medal, the Army Good Conduct Medal, Korean Defense Service Ribbon, and Afghanistan Campaign Medal w/ Campaign Star, NATO Medal, and Global War on Terrorism Ribbon, National Defense Service Medal, Army Service Ribbon, Overseas Ribbon and Combat Action Badge. Although my time in the military was rewarding I had some bad days. I have received counseling sessions for being late, not shaving, a few disrespect issues and I have also had one Article 15. I don't have any excuses as to why I had received those counseling sessions except for the simple fact that I'm only human and no human is perfect. I do believe that by earning the Army Good Conduct Medal I have proven that I had a lot more good days then I had bad. I do believe that the Article 15 that I received was unfortunate, a number of my fellow soldiers wrote statements and spoke on my behalf and I was still found guilty. I would've liked to show my chain of command that I learned from my mistakes, but during the time of my Article 15 I was in the process of being chaptered. Throughout my time in the military I have learned a lot about different cultures and ways to work with and adapt to those differences while in those foreign countries. I also learned how to adapt to any situation that comes my way. I am requesting that my DD 214 be reviewed. Since the date of my discharge, I have been in many binds that I cannot seem to get out of without the upgrade. Since being discharged from the Army I have not been able to use my GI Bill, I cannot collect unemployment and I cannot find the type of employment that I want. Although I have a General (Other Than Honorable) Discharge that fact that my narrative reason for separation is Patterns of Misconduct makes it so that anything that I apply for is denied. Even with all this going on I know that no matter what has happened the only thing I want to do is serve in the military so that I can continue to learn and become a better person. Thank you for your time regarding this matter."  

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: 100108
Discharge Received: 			   Date: 100112   Chapter: 14-12b    AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: B Btry, 3-27 FA Bn, Fort Bragg, NC 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 091112, disrespected an NCO (090719), disrespect in deportment to an NCO (091023), violated a general regulation (090602), reduction to E-1, forfeiture of $699 for two months, 45 days of extra duty and restriction (FG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 060222    Current ENL Term: 4 Years  ?????
Current ENL Service: 	03 Yrs, 11Mos, 18Days ?????
Total Service:  		03 Yrs, 11Mos, 18Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 13P10/MLRS Fire Direction Spc   GT: NIF   EDU: HS Grad   Overseas: Korea, SWA   Combat: Afghanistan (090312-091012)
Decorations/Awards: ACM w/CS, AAM, AGCM, NDSM, GWOTSM, KDSM, ASR, OSR, NM, CAB

V.  Post-Discharge Activity
City, State:  Washington, DC
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 8 January 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 being disrespectful to an NCO on five occasions between 25 July 2008 and 23 October 2009, disobeying a lawful order from an NCO (090719), failing to report on four occasions between 7 August 2008 and 19 November 2009, disobeying a lawful general regulation on four occasions between 2 June 2009 and 16 November 2009, and drinking while under age (080703), with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 8 January 2010, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement in his own behalf (NIF).  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed action and recommended approval of the separation with a general, under honorable conditions discharge.  
       
       On 21 January 2010, the separation authority waived further rehabilitative efforts and directed 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 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 repeated incidents of 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 applicant contends that he had four good years of service which included a combat tour to Afghanistan, was highly decorated, and has learned from his past mistakes.  The analyst acknowledges the applicant’s in-service accomplishments and considered the quality of his service during the initial portion of the enlistment under review.  However, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge as shown by the repeated incidents of misconduct and by the multiple negative counseling statements, and the documented actions under Article 15 of the Uniformed Code of Military Justice.
       
       Further, the analyst noted the applicant's issues about his desire to rejoin the Service, to have better job opportunities and the benefits of the GI Bill.  However, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  At the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.”  If reenlistment is desired, the applicant should contact the local recruiter to determine 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 if appropriate.  Additionally, 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 was separated under the provisions of Chapter 14, paragraph 14-12b, AR 635-200 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 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: 24 January 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel:  [ redacted ]

Witnesses/Observers: None 

Exhibits Submitted: A self authored statement, DD Form 214, and a character reference letter, American Legion Counsel's letter, certificate of completion from Freestate Challenge Academy, transcript, HS diploma, counseling statement, and a character reference letter.











VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant's record of service during the period of enlistment under review, hearing his testimony 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 AR20100017949
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