Applicant Name: ?????
Application Receipt Date: 2010/09/02 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: The applicant states, in effect, that his request for an upgrade is needed because he wants to go to school and possibly find a career.
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: 060905
Discharge Received: Date: 061011 Chapter: 14-12b AR: 635-200
Reason: Pattern of Misconduct RE: SPD: JKA Unit/Location: Bravo Company, 1st Brigade Special Troops Battalion, 1st Cavalry Division, Fort Hood, TX
Time Lost: Military confinement from (060912-061005) for 24 days; as part of his punishment imposed from a Summary Court-Martial.
Article 15s (Charges/Dates/Punishment): 060808, assaulted a PFC (060504), unlawfully struck a PV1 (060225), failed to go to his appointed place of duty x 3 (060707), (060706), (060718), reduction to Private (E-1), forfeiture of $636.00 pay per month for two months and extra duty for 45 days (FG)
Courts-Martial (Charges/Dates/Punishment): 060912, Summary Court-Martial for wrongful appropriation of a POV, broke restriction x 2, and failed to repair x 4. He was sentenced to forfeiture $636.00 pay for one month and confinement for one month.
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 17
Current ENL Date: 050817 Current ENL Term: 4 Years ?????
Current ENL Service: 1 Yrs, 1 Mos, 2 Days ?????
Total Service: 1 Yrs, 2 Mos, 2 Days ?????
Previous Discharges: None
Highest Grade: E-3 Performance Ratings Available: Yes No
MOS: 25L10 Cable Sys Install/Maint GT: 94 EDU: GED Cert 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 5 September 2006, 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; in that he received a Field Grade Article 15 for assaulting PVT (060504), striking a PVT (060225), and for failing to report x 3 (060706), (060707), (060718). Also, he was investigated by the CID on (060525) at which time it was established that there were probable cause to believe that he committed the offense of wrongful appropriation, and he has several counseling statements for failing to report on 15 different instances. The unit commander recommended separation with a general, under honorable conditions discharge. He was advised of his rights. On 7 September 2006, 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 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 21 September 2006, 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 two Military Police Reports in reference to the applicant's offenses of assault, and using provoking speech or gestures, dated 28 February 2006, and the other one for aggravated assault, and drinking underage dated 8 May 2006. Also, the record contains a CID Report of Investigation dated 25 May 2006.
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 applicants 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 applicants 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 applicants service mitigated the misconduct or poor duty performance.
The analyst noted the applicant's issue that he is requesting an upgrade of his discharge so that he can go to school and possibly find a career. Eligibility for veteran's benefits to include educational benefits under the Post-9/11 or 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.
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: 11 May 2011 Location: Washington, DC
Did the Applicant Testify? Yes No
Counsel: None
Witnesses/Observers: NA
Exhibits Submitted: DD Form 293 dated 2 September 2010.
VIII. Board Discussion, Determination, and Recommendation
After carefully examining the applicants record of service during the period of enlistment under review and considering the analysts 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 AR20100023006
______________________________________________________________________________
Page 1 of 3 pages
ARMY | DRB | CY2008 | AR20080000274
Applicant Name: ????? The Board recommended separation with a general discharge. The separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general under honorable conditions.
ARMY | DRB | CY2007 | AR20070018783
Applicant Name: ????? Facts and Circumstances: Evidence of record shows that on 23 September 2006, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconductpattern of misconduct in that you wrongfully drove in a reckless manner (060310), assaulted a female (060310), and assaulted a PVT (E-2) (060310), broke restriction (060723), disobeyed a SGT x 2 (060912), (060913), and wrongfully fell asleep while...
ARMY | DRB | CY2008 | AR20080012886
Applicant Name: ????? The applicant waived legal counsel, was advised of the impact of the discharge action, and did not submit a statement in his own behalf. On 19 September 2006, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions.
ARMY | DRB | CY2008 | AR20080005177
Applicant Name: ????? The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge. On 16 May 2006, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than honorable conditions.
ARMY | BCMR | CY2011 | AR20110003970
Applicant Name: ????? On 1 November 2006, 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 analyst determined that the applicants discharge was appropriate because his quality of service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.
ARMY | DRB | CY2008 | AR20080017710
Applicant Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 submitted by the Applicant. Facts and Circumstances: The evidence of record shows that on 10 May 2006, 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 misconductfor operating a motor vehicle under the influence of alcohol, wrongfully having a breath alcohol content greater than .05 grams of alcohol per...
ARMY | DRB | CY2010 | AR20100013910
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. Accordingly, the analyst recommends to the board that the applicants characterization of service be upgraded to fully honorable. However, the board determined that the reason for discharge was fully supported by the record and voted not to change it.
ARMY | DRB | CY2009 | AR20090008416
Applicant Name: ????? On 13 September 2006, the separation authority approved the discharge with an under other than honorable conditions discharge. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicants military records during the period of enlistment under review, the issues and documents he submitted, the analyst found several mitigating factors that would warrant an upgrade of the applicant's characterization of service to general, under...
ARMY | DRB | CY2010 | AR20100000198
Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on 13 June 2006, 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 went AWOL for 3 days, disobeyed commissioned and noncommissioned officers, possessed alcohol under age, broke restriction, and wrongfully used marijuana, with a general, under honorable conditions...
ARMY | DRB | CY2011 | AR20110022539
Facts and Circumstances: The evidence of record shows that on 9 July 2008, 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-commission of a serious offense for being disrespectful in language towards two noncommissioned officers (060814), disobeying a lawful order (060717), failing to go to his appointed place of duty (060905), testing positive for marijuana (060906), testing...