Applicant Name:  ?????

Application Receipt Date: 2011/01/05	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he did eight years of service and has two honorable discharges from two previous reenlistments and did two terms in Iraq.  One tour in 2003 and another tour in 2005.  He feels that he deserves it and also to get his Montgomery GI Bill.

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: NIF
Discharge Received: 			   Date: 070626   Chapter: 14-12c       AR: 635-200
Reason: Misconduct (Serious offense)	   RE:     SPD: JKQ   Unit/Location: HQ & HQ Detachment, 6th Transportation Battalion, 7th Sustainment Brigade, Fort Eustis, VA 

Time Lost: AWOL x 1 from (070104-070108) for 5 days.  The applicant returned to his unit.

Article 15s (Charges/Dates/Punishment): NIF

Courts-Martial (Charges/Dates/Punishment): NIF

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  24
Current ENL Date: Reenl/050909    Current ENL Term: 4 Years  ?????
Current ENL Service: 	1 Yrs, 9 Mos, 13 Days The net active service this period on the DD Form 214, block 12c is incorrect; should be as annotated in total service below.  The applicant has a period of AWOL that was not shown on his DD Form 214, block 29, time lost.  See DA Form 4187.
Total Service:  		7 Yrs, 9 Mos, 1 Days ?????
Previous Discharges: 	USAR 981120-990920/NA
                                       RA     990921-021027/HD
                                       RA     021028-050908/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 88N10 Traffic Management Coord   GT: 113   EDU: ?????   Overseas: Southwest Asia   Combat: Iraq (030406-030815), Kuwait (050305-050720)
Decorations/Awards: ARCOM (2), AAM (2), GCMDL (2), NDSM, GWOTEM, GWOTSM, ICMDL, 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 applicant’s record is void of the complete facts and circumstances concerning the events which led to the discharge from the Army and the analyst presumed government regularity in the discharge process.  However, the evidence record does show that on 20 April 2007, the separation approving authority referred the applicant to a Standing Enlisted Administrative Separation Board to consider whether he should be separated from the US Army under the provisions of Chapter 14-12c, by reasaon of misconduct-commission of a serious offense.  On 1 May 2007, the applicant was notified to appear before an administrative separation board and advised of his rights.  On 7 May 2007, the applicant acknowledged receipt of the letter of notification to appear before an administrative separation board hearing.  On 16 May 2007, the board met; the applicant appeared with counsel. 
       
       The board recommended that the applicant be separated from the service with a general discharge certificate.  On 13 June 2007, the separation approving authority approved the findings and recommendations of the administrative separation board and directed that the applicant be discharged from the Army under the provisions of Chapter 14-12c, by reason of misconduct commission of a serious offense with a general, under honorable conditions discharge.   

       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 did eight years of service and has two honorable discharges from two previous reenlistments and did two terms in Iraq and would like to get his Montgomery GI Bill.  The analyst carefully examined the applicant's record of service during the period of enlistment under review.  There was a full consideration of all faithful and honorable service as well as the infractions of discipline, the extent thereof, and the seriousness of the offenses.  The analyst concluded that the discrediting entries in the applicant's record were not outweighed by prior or subsequent service of sufficient merit to warrant an upgrade of the discharge being reviewed. 
       
       Further, 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: 24 August 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated 3 January 2011.

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 AR20110000368
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