Applicant Name:  ?????

Application Receipt Date: 2011/03/03	Prior Review:     Prior Review Date: 110126, denied.     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states: "I am the father of two twins and the husband of my wife of three years.  I was in the US Army in Vilseck, Germany. The reason i feel that my discharge should be changed is because the things that my chain of command of 41st transpation company miss judge my character and lable me as a trouble person.I never went awol because, i have airline proof of my flight there and back.But the commander stated that they paper work from the airlines wasnt gud enough and wonted me to buy another ticket whick i couldnt aford,the ticket that i bought round trip was 1199 euros whish at that point and time was $1500.00 in american money.And the disobyeing a lawfull order that wassnt true because i stayed off post because of my married staus and i was EFMP and aproved by my uni. I am a gud person i work hard and all im askin is for (one more chance) to prove that i can be a us soldier and server my country the best that i can and was trained.I will take the blame and lern from it i've been out almost two years and i have straggered as a man and I am disapointed  as a man to make wrong judgments and i am willing to do anything to become a us soldier and i will prove to myself and to the us military in general that i can and will own up to my dutys and server and obey all orders and dutys.A ll i;m asking is for another chance to do the right thing and grow up and become a real man and soldier and take care my me my family and my battle butties i raise my right hand to do so.Please open up your hearts as parents and as soldiers and give me another chance to prove myself and dutyes to the us army thats all i;m asking please i have no where eles to go and i don't won't to go anyhere but back to the us army family.  Thanks for taking the time out to listen to me again after i was denied the first time but i never give up."

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: 090818
Discharge Received: 			   Date: 091001   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: 41st Trans Co, 18th CSSB, Vilseck, GE 

Time Lost: AWOL x 1 for 6 days (090109-090114), surrendered.

Article 15s (Charges/Dates/Punishment): 090428, AWOL (090109-090115), reduction to E1; forfeiture of $326.00 pay per month for one month (suspended), extra duty for 14 days and restriction for 14 days, (CG)

090614, disobeyed a lawful order from a commissioned officer (090530), extra duty for 14 days 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:  24
Current ENL Date: 080619    Current ENL Term: 03 Years  02 Weeks
Current ENL Service: 	01 Yrs, 03Mos, 06Days ?????
Total Service:  		03 Yrs, 06Mos, 08Days ?????
Previous Discharges: 	ARNG-060317-060411/NA
                                       ADT-060412-060811/HD
                                       ARNG-060812-080108/GD
                                       USARCG-080109-080618/NA
Highest Grade: E2		Performance Ratings Available: Yes    No 
MOS: 88M10/Motor Transport Op   GT: 103   EDU: HS Grad   Overseas: Germany   Combat: None
Decorations/Awards: NDSM, GWOTSM, ASR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: Worked with Habitat and KBR Contractors.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 18 August 2009, 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 received a Company Grade Article 15 (090613) for failing to obey a policy letter and for receiving a Company Grade Article 15 (090424) for going AWOL (090109-090115), with a general, under honorable conditions discharge.
       
       He was advised of his rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, waived 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 service 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 8 September 2009, 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 applicant's records contain a Military Police Report, dated 10 March 2009.

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 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 discharge 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 he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  
       
       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 his 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 the reason for his discharge should be changed.  However, 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 also contends that his chain of command misjudged his character, he denies being AWOL and disobeying a lawful order.  However, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption.  The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support his issue.  There is no evidence in the record, nor has the applicant produced any evidence, to support the contention that he was unjustly misjudged and discharged.  In fact, the applicant’s two Articles 15 and numerous negative counseling statements justify a pattern of misconduct.  The applicant’s statements alone do not overcome the government’s presumption of regularity and he has not provided any corroborating evidence in support of his request for an upgrade of his discharge.  The analyst found no evidence of arbitrary or capricious actions by the command and 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 analyst noted the applicant's issue of about getting another chance.  However, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.”  If he desires to reenlist, he should contact the local recruiter to determine his 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.  
       
       In view of the foregoing, the analyst determined 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: 17 April 2010         Location: Atlanta, GA

Did the Applicant Testify?  Yes     No  

Counsel: American Legion, Washington, DC

Witnesses/Observers: None 

Exhibits Submitted: DD Form 293, Article 15, discharge orders, other military records, DA Form 31, and DD Form 214 for the peeriod 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, hearing his testimony, 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					

Board Vote:
Character - Change 0    No change 5
Reason -     Change 1    No change 4
(Board member names available upon request)

X.  Board Action Directed
Issue a new DD Form 214  
Change Characterization to: 
Change Reason to: NA
Other: NA
RE Code: 
Grade Restoration:   No   Yes   Grade: NA

XI.  Certification Signature
Approval Authority:

EDGAR J. YANGER
Colonel, U.S. Army
President, Army Discharge Review Board




BONITA E. TROTMAN
Lieutenant Colonel, U. S. Army
Secretary Recorder






















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 AR20110004177
______________________________________________________________________________


Page 2 of 4 pages