Applicant Name:  ?????

Application Receipt Date: 2010/11/01	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states: "I would like either the RE Code changed to not require a waiver or to have block 28 changed so as to not state "Pattern of Misconduct" so I can join the reserves.  11 Years in the service and only one field grade Article 15 in my restricted Fiche.  No proof or evidence exists to justify patterns of misconduct.  The Article 15 was unjust and was in a training environment."

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: 071212
Discharge Received: 			   Date: 080328   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: 587th Sig Co, 52d Sig Bn, APO AE 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 050629, Assault on another Soldier between (050101 and 050606); unlawfully slapped another Soldier on her buttocks between (050101 and 050606); unlawfully touched another Soldier (050524); unlawfully touched another Soldier between (050101 and 050606); unlawfully touched another Soldier between (050101 and 050606) on her buttocks;  unlawfully grabbed another Soldier between (050101 and 050606); unlawfully rubbed another Soldier x 2 between (050101 and 050606); orally communicated to another Soldier indecent language (050530); orally communicated to another Soldier indecent language between (050101 and 050606); and orally communicated to another Soldier certain indecent language between (050101 and 050606),  reduction to E5; forfeiture of $2,205.00 pay per month for two months (suspended); extra duty for 45 days; and restriction for 45 days; (FG). 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  29
Current ENL Date: 060119    Current ENL Term: NIF Years  ?????
Current ENL Service: 	02 Yrs, 02 Mos, 10 Days ?????
Total Service:  		10 Yrs, 08 Mos, 00 Days ?????
Previous Discharges: 	RA-970729-021028/HD
                                       RA-021029-060118/HD
Highest Grade: E6		Performance Ratings Available: Yes    No 
MOS: 25L10/Cable Sys Inst/Maint; 13B10/Cannon Crewmember   GT: 112   EDU: HS Grad   Overseas: Germany, Southwest Asia-2   Combat: Afghanistan (020122-020704) and Kuwait (030304-030630)
Decorations/Awards: ARCOM-3, JSAM, AAM-4, AGCM-2, NDSM, KSM, ACM, GWOTEM, GWOTSM, NCOPDR-2, OSR

V.  Post-Discharge Activity
City, State:  Fayetteville, NC
Post Service Accomplishments: None Listed


VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 12 December 2007, 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 having repeatedly violated the standards of conduct expected of a Soldier and noncommissioned officer by committing multiple acts of assault and sexual harassment; despite being married and the unit's efforts at rehabilitation, he continued to interact inappropriately with junior enlisted female Soldiers; he was warned on numerous occcasions; received an Article 15; received a battalion leval memorandum of concern; was temporarily detailed to another operational chain of command; with none of these measures deterring him from his disturbing behavior, with an under other than honorable conditions discharge.  He was advised of his rights.  
       
       On 3 March 2008, the applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an ddministrative separation board contingent upon him receiving a characterization of service no less favorable than general, under honorable conditions 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 commanders reviewed the proposed action and recommended approval of the separation with a general, under honorable conditions discharge.  
       
       On 10 March 2008, the separation authority approved the conditional waiver request, waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.
       
       The analyst noted that the applicant's DD Form 214, block 24, "Character of Service" reads "Honorable."  However, the separation authority approved the applicant's discharge under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, by reason of pattern of misconduct 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 documents and the issues 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 narrative reason for separation is governed by specific directives.  The applicant was discharged under the provisions of Chapter 14, Paragraph 14-12b, AR 635-200.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Pattern of Misconduct," and the separation code is "JKA."  Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be entered under this regulation.
       
       The applicant contends that he served 11 years and only received one Field Grade Article 15 and that it was unjust and was in a training environment.  The analyst noted the applicant's contentions; however, the analyst concluded that the applicant committed many discrediting offenses, which constituted a departure from the standards of conduct expected of Soldiers in the Army.  Having examined all the circumstances, the analyst determined that the applicant’s numerous incidents of misconduct did indeed adversely affect the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline.  These incidents of misconduct clearly diminished the quality of the applicant’s service below that meriting a fully honorable discharge.
       
       Furthermore, there is no evidence in the record, nor has the applicant produced any evidence or documentation to support the contention that he was unjustly discharged.  In fact, the applicant’s Articles 15 under the Uniform Code of Military Justice and numerous negative counseling statements justify a pattern of misconduct.  
       
       The analyst noted the applicant's issue about changing his reentry eligibility (RE) code.  However, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.”  If reenlistment is desired, the applicant should contact the local recruiter to determine 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 if appropriate.  
       
       Additionally, notwithstanding the propriety of the applicant's discharge, the analyst found that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 24, character of service as "honorable."  In view of the foregoing, the analyst recommends to the Board that an administrative change be made to block 24, character of service to "general, under honorable conditions," which was approved by the separation authority.  Except for the foregoing modification to the applicant's characterization of service, 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: 24 October 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 149 and DD Form 214 for the period of service under review.

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.  




Further, notwithstanding the propriety of the applicant's discharge, the Board found that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 24, characterization of service as "Honorable."  In view of the error, the Board voted to administratively change block 24, characterization of service to "General, Under Honorable Conditions" as approved by the separation authority.  
        
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: NA
Other: The Board voted to administratively change block 24, character of service to "General, Under Honorable Conditions."  										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA




























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 AR20100027158
______________________________________________________________________________


Page 4 of 4 pages