Applicant Name:  ?????

Application Receipt Date: 2011/06/22	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "I have two honorable discharges and i would have finish out my time honorablely if i was given the chance to. I was going through a divorce and my exwife was causing me problem with my 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: 041123
Discharge Received: 			   Date: 041203   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: HQ & HQ Company, 1st Battalion, 101st Aviation Regiment, 101st Airborne Division (Air Assault), Fort Campbell, KY 

Time Lost: AWOL x 1 (040308-040310) for 3 days, the applicant returned to his unit.  

Article 15s (Charges/Dates/Punishment): 041005, disobeyed a lawful command from a CPT, his superior commissioned officer x 2 (040908), (040908), with intent to deceive, made an official statement to a CPT, which was totally false x 2 (040713), (040801-040814), wrongfully have sexual intercourse with a female, not his wife between (030901-030930), reduction to Private (E-1), forfeiture of $400.00 pay per month for one month, extra duty and an oral reprimand (FG)

040324, AWOL (040308-040310), failed to obey a lawful order from a CPT, his superior commissioned officer (031208), reduction to Private First Class (E-3), forfeiture of $369.00 pay, extra duty for 14 days, suspended, to be automatically remitted if not vacated before (040329) and an oral reprimand (CG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  23
Current ENL Date: 030311    Current ENL Term: 4 Years  ?????
Current ENL Service: 	1 Yrs, 8 Mos, 23 Days ?????
Total Service:  		6 Yrs, 3 Mos, 29 Days ?????
Previous Discharges: 	USAR 980214-980804/NA
                                       ADT    980805-010804/HD
                                       USAR 010611-030310/NA
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 15P10 Aviation Operations Spec   GT: 96   EDU: HS Grad   Overseas: Southwest Asia   Combat: Kuwait/Iraq (030311-041203)
Decorations/Awards: GCMDL, GWOTEM, GWOTSM, NDSM, 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 evidence of record shows that on 16 November 2004,, 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 did on (040317), received a Company Grade Article 15 for AWOL (040308-040310), failing to obey a lawful order, on (040712), he was arrested by Oak Grove Police for driving a vehicle not registered with expired tags, driving over the speed limit in a residential area and operating a vehicle on a suspended driver’s license. 
       
       He received a Field Grade Article 15 on (040929) for disobeying a lawful order from his commander to change his Basic Allowance for Housing with dependents to Basic Allowance for Housing without dependents.  He also disobeyed a lawful order from his commander by refusing to provide him with his wife’s unit information, making two false official statements about his involvement and relationship with his girlfriend, and wrongfully engaging in sexual intercourse with a woman that was not his wife. 
       
       He received numerous counselings on his failing to pay his bills on time, his substandard military appearance, and on his borderline disrespectful attitude.  Further,  his chain of command has made numerous attempts to assist him with those issues to help him meet and maintain the standard, but his lack of discipline, motivation, and determination has made every attempt unsuccessful. 
       
       He has been given countless opportunities to overcome his deficiencies, yet you have failed to adhere to military standards and was advised that this type of misconduct will not be tolerated within the unit or the United States Army. 
       
       The unit commander recommended separation with a general, under honorable conditions discharge.  He was advised of his rights.  On 23 November 2004, the applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an administrative separation board contingent upon him receiving a characterization of service no less favorable than a general, under honorable conditions discharge 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 23 November 2004, the separation authority waived the applicant's rights to an administrative separation board and 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 has two honorable discharges and would have finished out his time honorablely if he was given the chance to.  He was going through a divorce and his exwife was causing him problem with his unit. 
       
       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 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, while the applicant may believe his marital problems at home was the underlying cause of his misconduct, the record of evidence does not demonstrate that he sought relief from his problems through his command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other resources available to all Soldiers. 
       
       Likewise, he has provided no evidence that he should not be held responsible for his misconduct.  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: 11 January 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: Online application dated 9 June 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						
Board Vote:
Character - Change 0    No change 5
Reason -     Change 0    No change 5
(Board member names available upon request)

X.  Board Action Directed
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

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 AR20110012711
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