Applicant Name:  ?????

Application Receipt Date: 2011/02/22	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that within a one year time frame, he received two Article 15's.  The first one was due to a motorcycle accident and he did not have the safety course.  The second Article 15 was due to him being considered AWOL, but was sick at the time and did not report to work or notify his unit.  

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: 100304
Discharge Received: 			   Date: 100319   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: HQ & HQ Troop, 1st Squadron, 71st Cavalry Regiment, 1st Brigade Combat Team, 10th Mountain Division, Fort Drum, NY 

Time Lost: AWOL x 1 from (091106-091109) for 4 days.  The applicant returned to his unit.

Article 15s (Charges/Dates/Punishment): AWOL from (091106-091109), reduction to Private (E-1), forfeiture of $724.00 pay per month for two months, extra duty and restriction for 45 days (FG).

090528, dereliction of duty, in that he negligently failed to maintain a proper military appearance x 2 (090515), (090514), reduction to Private First Class (E-3), extra duty and restriction for 14 days (CG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 070124    Current ENL Term: 4 Years  17 weeks
Current ENL Service: 	3 Yrs, 1 Mos, 22 Days ?????
Total Service:  		3 Yrs, 1 Mos, 22 Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 13F10 Fire Support Spec   GT: 115   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (070906-081123)
Decorations/Awards: AAM, NDSM, GWOTSM, ICMDLw/CS, ASR, OSR 

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 4 March 2010, 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 on (100223), for being Absent Without Leave from 091106-091109), on the following dates he failed to at his appointed place of duty x 7 (100202), (100106), (091117), (091019), (091030), (090902), (090910), (090414), and during various inspections it was determined that he failed to maintain clean living standards from (090615-100205).  Also, he wrongfully went outside the authorized area without an approved pass (100215), fell asleep while on Charge of Quarters and was disrespectful as well as insubordinate to a SGT (100204), disrespectful to a SGT (100102), insubordinate to a SSG on (091215),  failed to maintain positive accountability of issued TA-50 equipment and was charged for the loss (091214). Further, he willfully disobeyed a SFC (091130), failed to maintain positive accountability of his assigned weapon while at Range 22 (091001), and received a Company Grade Article 15 for failing to maintain a proper military appearance (090528). 
       
       The unit commander recommended separation with a general, under honorable conditions discharge.  He was advised of his rights.  On 4 March 2010, the applicant waived 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 10 March 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 received two Article 15's, one was due to a motorcycle accident and he did not take the safety course, and the other Article 15 was due to him being considered AWOL, but was sick at the time and did not report to work or notify his unit.  Before initiating action to separate the applicant, the command ensured the applicant was appropriately counseled about the deficiencies, which could lead to separation.  The analyst noted the command made an assessment of the applicant's potential for becoming a fully satisfactory soldier. 
       
       The evidence of record established that the applicant was afforded a reasonable opportunity to overcome noted deficiencies.  As the applicant did not subsequently conform to required standards of discipline and performance, the command appropriately determined the applicant did not demonstrate the potential for further military service.  Additionally, 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: 16 September 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated 15 February 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 AR20110003547
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