Applicant Name:  ?????

Application Receipt Date: 2010/09/16	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he requests an upgrade of his discharge to fully honorable.  He contends that his marital issues began having a negative effect on his career; and he slipped into depression.  He further contends that no one in the chain of command tried to help him until they decided to separate him.  He also contends that his discharge is preventing him from pursuing an MBA.  

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: 010918
Discharge Received: 			   Date: 020201   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: A Co, 84th EN Bn, Schofield Barracks, HI 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 010419, willfully disobeyed a lawful order from a 1SG (010124); reduction to E-1 (suspended), and extra duty for 7 days, (CG).

001102, without authority, failed to go at the time prescribed to his appointed place of duty (001019); extra duty for 14 days, (Summarized).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  27
Current ENL Date: 991110    Current ENL Term: 03 Years  4 months extension 
Current ENL Service: 	02  Yrs, 02 Mos, 22 Days ?????
Total Service:  		08  Yrs, 10 Mos, 14 Days ?????
Previous Discharges: 	RA-930318-970729/HD
                                       RA-970730-991109/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 51B10 Carpentry & Masonry Spec   GT: 109   EDU: HS Grad   Overseas: Panama/El Salvador/Hawaii   Combat: None
Decorations/Awards: AGCM-2, NDSM, AFEM, HSM, ASR, OSR, UNM, ASUA

V.  Post-Discharge Activity
City, State:  Detroit, MI 
Post Service Accomplishments: The applicant claims he is preparing to receive his Bacelor's Degree and going to graduate school to pursue an MBA.






VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 18 September 2001, 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 failing to be at his appointed place of duty, dereliction of duty, disrespecting and disobeying a noncommissioned officer, and making a false official statement, with a general, under honorable conditions discharge.  He was advised of his rights.
       
       On 26 September 2001, the applicant consulted with legal counsel, was advised of the impact of the discharge action, requested consideration of his case by 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 9 November 2001, the applicant was notified to appear before an administrative separation board and advised of his rights.  On 10 December 2001, the administrative separation board convened.  The applicant appeared with counsel.  The board recommended the applicant be discharged with issuance of a characterization of service of general, under honorable conditions.
         
       On 4 January 2002, the separation authority approved the recommendation of the administrative separation board and directed the applicant’s discharge 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 during the period of enlistment under review, the issues and documents submitted with the application, the analyst found no mitigating factors that 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 applicant contends that his marital issues began having a negative effect on his career; and he slipped into depression.  Even though he claims family issues and depression resulted in his discharge.  While the applicant may believe his family issues and depression were the underlying cause of his misconduct, the record of evidence does not demonstrate that he sought relief from depression through his command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other medical resources available to all Soldiers.  Likewise, he has provided no evidence that he should not be held responsible for his misconduct.
       
       Further, the record does not support the applicant’s contention, and no evidence to support it has been submitted by the applicant, that the discharge was the result of any medical condition.
       
       The applicant also contends that no one in the chain of command tried to help him until they decided to separate him.  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. 
       
The applicant also contends that that his discharge is preventing him from pursuing an MBA.  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.
        
       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: 27 May 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: The Disabled American Veterans
                 National Service Office
                 Attn:  Mr. Douglas Marble
                 477 Michigan Avenue
                 Detroit, MI 48226

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, dated (100901); Self-Authored Statement, dated (100909); and a Letter, The Disabled American Veterans, dated (100909).

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: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: None



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 AR20100023942
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