Applicant Name:  ?????

Application Receipt Date: 2010/07/15	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he applied for a job at Boeing. He passed the interview and the company wanted to hire him, but when they found out the reason for the discharge on the back ground check, he did not get hired. He can't find work and understand what he did was wrong. He is just trying to make a good life for his family. He has a daughter who is almost a year old and a wife. His unemployment money is running low and he needs to find a job. He has applied for more than 20 jobs around the city where he is currently residing. He is asking for mercy. The statement is unsatisfactory performance. He needs help to get his family and himself on there feet. He has received counseling and know what he did was wrong.  

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: 100301
Discharge Received: 			   Date: 100430   Chapter: 13       AR: 635-200
Reason: Unsatisfactory Performance	   RE:     SPD: JHJ   Unit/Location: HQ & HQ Company,  Brigade Special Troops Battalion, 4th Brigade Combat Team, 1st Armored Division, COB Adder, Iraq, APO AE 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 100218, failed to go to his appointed place of duty (091012), disobeyed a lawful order from SGT, a noncommissioned officer (090527), disrespectful in deportment toward SGT, a noncommissioned officer (090629), disrespectful in deportment toward SFC, a noncommissioned officer (090706), made an official statement to a CPT, which was false (100210), reduction to Private (E-1), forfeiture of $724.00 pay per month for two months, suspended, to be automatically remitted if not vacated before (100817), extra duty and restriction for 45 days (FG)

The suspension of the punishment of forfeiture of $724.00 pay per month for two months imposed on (100218) was vacated, effective (100226) based on the applicant's offense of failing to go to his appointed place of duty (100224).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: 070228    Current ENL Term: 6 Years  17 weeks
Current ENL Service: 	3 Yrs, 2 Mos, 3 Days ?????
Total Service:  		3 Yrs, 2 Mos, 3 Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 13F10 Fire Support Spec   GT: 103   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (070906-071214)
Decorations/Awards: NDSM, GWOTSM, ICMDLw/CS, 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 1 March 2010, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 13, AR 635-200, by reason of unsatisfactory performance; in that he failed to go to his appointed place of duty (091012), disobeyed a lawful order from a SGT (090527), disrespectful in deportment toward a SGT (090629), disrespectful in deportment toward a SFC (090706), made a false official statement to a CPT (100210), and failed to go to his appointed place of duty (100224) with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 3 March 2010, the applicant consulted 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 Army and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed action and recommended approval with a general, under honorable conditions discharge.  
       
       On 5 March 2010, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a general, under honorable conditions discharge.  The applicant was not] transferred to the U.S. Army Reserve Control Group.

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this Chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory Soldier.  Army policy states that a general, under honorable conditions discharge is normally considered appropriate, however, a fully honorable discharge may be granted in meritorious cases.

       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.  There was a full consideration of all faithful and honorable service as well as the incidents of unsatisfactory performance.  
       
       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 unsatisfactory performance, the applicant diminished the quality of his service below that meriting a fully honorable characterization of service.  
       
       The analyst noted the applicant's issue that he applied for a job at Boeing; passed the interview and the company wanted to hire him; but when they found out the reason for the discharge on the back ground check, he did not get hired.  The analyst acknowledges the applicant’s plight as stated in his issue 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 the documented actions under Article 15 of the Uniformed Code of Military Justice.  Further, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.
       
       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: 30 March 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 which is undated.

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 AR20100019326
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