Applicant Name:  ?????

Application Receipt Date: 2010/08/07	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that “I Randy Stevenson J. was young and foolish in my actions in nature to my discharge.  Because of these actions I have no contact with my son and my life has not been the same without the military in it. My family on both my mom and dad side are military. I would like to honor it and keep it going. I am a military man and I would love the opportunity to prove that to my family and the Board. I need the military in my life”.

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: 050311
Discharge Received: 			   Date: 050419   Chapter: 14-12c(2)       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKK   Unit/Location: Medical Co, US Army Medical Activity, Ft. Knox, KY 

Time Lost: AWOL 3 days (050124-050126) and 15 days (050404-050419) total of 18 days either mode of return not in file 

Article 15s (Charges/Dates/Punishment): 050222 without authority on or about 24 January 2005 did absent himself from his unit Med Co, USA MEDDAC at Ft. Knox, KY and did remain so absent until on or about 27 January 2005. In that he, did, on or about 27 January 2005 with intent to deceive, make to a CPT an official statement, to wit, “I had a flat tire” which statement was totally false, and was then know to him to be so false, in that he did not have a flat tire. Reduction to E-3, forfeiture of $382 of base pay (suspended for 60 days, to be automatically remitted if not vacated before 16 April 2005), extra duty for 14 days and verbal reprimand. (CG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 031220    Current ENL Term: 3 Years  ?????
Current ENL Service: 	01 Yrs, 03Mos, 29Days ?????
Total Service:  		04 Yrs, 08Mos, 19Days ?????
Previous Discharges: 	RA 0007012-031219/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 91W10 Health Care Spc   GT: 111   EDU: HS Grad   Overseas: Iraq   Combat: Iraq (not listed on DD 214, reenlistment contract dated 031220 has applicant reenlisting in Baghdad Iraq)
Decorations/Awards: AGCM, NDSM, ASR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: Nothing provided by the applicant.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 11 March 2005, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of misconduct—for being arrested for possession of marijuana and possession of drug paraphernalia, for receiving a Field Grade Article 15 for being absent without leave, and providing a false official statement, with a other than honorable conditions discharge.  He was advised of his rights.  
       
       On 15 March 2005, the applicant consulted with legal counsel, was advised of the impact of the discharge action, unconditionally waived his right to an administrative separation board, 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 of the separation with a general, under honorable conditions discharge.  
       
       On 12 April 2005, the separation authority waived further rehabilitative efforts and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.
       
       The file contains a municipal court  report dated 040819.
       

       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 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.  
       
       Furthermore, the analyst noted that the applicant met entrance qualification standards to include age.  There is no evidence that the applicant was any less mature than other Soldiers of the same age who successfully completed military service.
       
       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.  
       
       Furthermore, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “4.”  An RE code of “4” cannot be waived and the applicant is no longer eligible for reenlistment. 
       
       Additionally, the analyst noted the applicant's DD 214 does not annotate his service in Iraq.  The analyst recommends to the applicant to apply to the Army Board for Correction of Military Records (ABCMR), utilizing the enclosed DD Form 149 regarding this matter.  A DD Form 149 may also be obtained from a Veterans' Service Organization. 
       
       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: 15 April 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293

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 AR20100021534
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