Applicant Name:  ?????

Application Receipt Date: 2011/07/26	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, “THE DISCHARGE THAT WAS APPOINTED TO ME AT THIS TIME I DESERVED IT I WAS IMMATURE AND HAD NO DIRECTION IN MY LIFE.  I LATER REJOINED THE ARMY RESERVES AND REALLY SHOWED MYSELF WORTHY OF A SECOND CHANCE.  I MADE RANK AND NEVER HAD ANY DISCIPLINE ACTIONS AGAINST ME OR ANY ABSENCES.  I BECAME AN NCO AND LED TROOPS AND PUT THE PAST BEHIND ME.  I FEEL AS IF I AM WORTHY OF A SECOND CHANCE AND I WOULD ASK THAT IF YOU COULD BE CONSIDERATE OF THE DOCUMENTS THAT I PROVIDED, TO SOMEWHAT SHOW A TRAIL OF MY BEHAVIOR.  IDON’T CLAIM TO BE PERFECT, BUT I CAN SAY THAT I TRULY LEARNED FROM MY MISTAKES IN THE PAST.  I CURRENTLY IN MY CAREER FIELD OF LAW ENFORCEMENT AND I BELIEVE THAT A CHANGE FROM GENERAL TO HONORABLE WILL HELP ME FURTHER MY CAREER AND ALSO; CONTINUE TO BUILD MY MYSELF AS A PROFESSIONAL PERSON. I ADMIT MY MISTAKES AND I HAVE NO EXCUSES FOR THE WRONG THAT I DID, BUT I JUST SIMPLY WANT TO ADD THAT THROUGH GROWING UP AND ATTENDING CHURCH, IT HELPED ME TAKE A LOOK AT MYSELF AND CHANGE THE PATH IN WHICH I WAS HEADED: THANK YOU FOR ALL OF YOUR CONSIDERATIONS IN THIS MATFER AND I APPRECIATE THE TIME SPENT REVIEWING MY PACKET!"

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: 051213
Discharge Received: 			   Date: 060731   Chapter: 8-27f    AR: NGR 600-200
Reason: Acts or Patterns of Misconduct 	   RE:     SPD: NA   Unit/Location: Company C (-), 1-120 CAB, Parkton, NC 

Time Lost: None

Article 15s (Charges/Dates/Punishment): None

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

Counseling Records Available: Yes    No ?????

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 020807    Current ENL Term: 8 Years  ?????
Current ENL Service: 	 3  Yrs, 11Mos,  24 Days ?????
Total Service:  		 3  Yrs, 11Mos,  24 Days ?????
Previous Discharges: 	IAT 030305 - 030703/HD
                                       RA  031001 - 050223/HD All concurrent ARNG elistment
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: 19K10/MI Armor Crewmember   GT: NIF   EDU: HS Grad   Overseas: SWA   Combat: Iraq (040228 - 050102)
Decorations/Awards: NDSM, GWOTEM, GWOTSM, AFRM w/M, ASR

V.  Post-Discharge Activity
City, State:  Fayetteville, NC
Post Service Accomplishments: IWS shows USAR 060731 - 100807, Highest rank obtained E-5, ETS 160807

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 13 December 2005 the unit commander notified the applicant under the provisions of Army National Guard Regulation 600-200, that he was AWOL due to unsatisfactory participation as a result of numerous unexcused absences from scheduled unit-training assemblies.  The analyst also noted the unit commander attempted to contact the applicant on several occasions, by certified mail.  

       b.  Legal Basis for Separation:  
       Army National Guard Regulation 600-200 sets forth the basic authority for the Army National Guard and establishes the separation of enlisted personnel.  Chapter 8 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 carefully examining the applicant’s record of service during the period of enlistment under review the issue and documents submitted with the application, the analyst determined that the discharge was both proper and equitable.  
       
       The analyst determined that the applicant’s discharge was appropriate because his quality of service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.    The applicant, as a Soldier, had the duty to support and abide by the Army's attendance policies.  By ignoring those policies, the applicant knowingly risked a military career and diminished his quality of 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 that the applicant met entrance qualification standards to include age.  There is no evidence that the applicant was any less mature than other Soldiers of the same age who successfully completed military service.
       
       The analyst acknowledges the applicant's successful transition to civilian life and his continued military service in the Army Reserve as outlined with the application and in the documents submitted with the application.  However, in review of the applicant’s entire service record, the analyst found that these accomplishments did not overcome the reason for discharge and characterization of service granted.  Further, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities. 
       
       The analyst was satisfied that all requirements of law and regulations were met and the rights of the applicant were fully protected throughout the separation process.  Therefore, the analyst determined the reason for discharge and the characterization of service remains both proper and equitable and recommends to the Board to deny relief.  
       
       Therefore, 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: 22 February 2012         Location: Washington, D. C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: DD Form 293 with an attached self-authored statement, Letter From NC National Guard, 2 DD Forms 214, 2 Reassignment Orders, 3 DA Forms 1059, Individual Training Record, Promotion Orders, 2 Evaluations, HRC print out showing security clearance of secret, 2 Memoranda for Record showing class attendance, resume and a NGB Form 22.

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: 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 AR20110015408
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