Applicant Name:  ?????

Application Receipt Date: 2010/08/19	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he would like to rejoin the military, so that he may prove to himself and his family that he is not a bad or troubled person and that he enjoyed the time he spent in the military and wants to make a career out of it.  Within a year of being at his unit, he only got five monthly counselings, when a command responsibility is to issue one every month.  All five says he was a good Soldier, but yet people that do drugs get retained and he got kicked out. 

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: 100610
Discharge Received: 			   Date: 100716   Chapter: 14-12c       AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: 632nd Maintenance Company, 87th Combat Sustainment Support Battalion, 3rd Sustainment Brigade, Fort Stewart, GA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 091112, wrongfully violated Article 86 and one violation of Article  134, reduction to Private (E-2), forfeiture of $366.00 pay per month for one month, suspended, until (100510), extra duty and restriction for 14 days (CG)

Article 15, 100331, wrongfully violated Article 86 x 3 and two violations of Article 34, reduction to Private (E-1), suspended 180 days ), forfeiture of $723.00 pay per month for one month (suspended 180 days) and extra duty for 45 days (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: 081028    Current ENL Term: 4 Years  ?????
Current ENL Service: 	1 Yrs, 8 Mos, 19 Days ?????
Total Service:  		1 Yrs, 8 Mos, 19 Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 92A10 Automated Logistical Oper   GT: 90   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, GWOTSM, 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 10 June 2010, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12c, AR 635-200, by reason of misconduct-commission of a serious offense; in that he was seen by a 1SG at an off post event wearing the wrong rank on (090911), failed to repair for his corrective training (090921), failed to repair for a 0630 hours accountability formation (090923), failed to repair for accountability formation (091105).  On 12 November 2009, received a Company Grade Article 15 for two violations of Article 86, and one violation of Article 134, failed to repair for a scheduled appointment at Hawks TMC (100120), and was stopped for speeding while driving on a suspended license (100115). 
       
       Also, he failed to repair for his Special Emphasis Physical Training (100119), apprehended by the Military Police for driving with a suspended license, failed to follow a direct order, failed to repair for formation (101022), and failed to repair to PMI (100202).  On 31 March 2010 he received a Field Grade Article 15 for three violations of Article 86 and two violations of Article 134.  The unit commander recommended separation with a general, under honorable conditions discharge.  He was advised of his rights.  The applicant's election of rights is not contained in the available record and the analyst presumed government regularity in the discharge process. 
       
       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 1 July 2010, the separation authority waived further rehabilitative efforts and directed that 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 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 would like to rejoin the military, so that he may prove to himself and his family that he is not a bad or troubled person and that he enjoyed the time he spent in the military and wants to make a career out of it.  At the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.” 
       
       If the applicant desires to reenlist, he should contact the local recruiter to determine his 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.  Further, the analyst found no evidence of arbitrary or capricious actions by the command.  The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. 
       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: 4 May 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated 5 August 2010, and three DA Forms 4856 (Developmental Counseling Form) with various dates.

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 AR20100021765
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