Applicant Name:  ?????

Application Receipt Date: 2011/09/08	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he is currently in the South Carolina National Guard, been promoted to the rank of E-5 and has served on active duty for the past two years while on deployment in support of OIF 2009-2010 and again from 2010-2011. He would like to have his discharge upgraded to honorable for his service.  

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: 031216
Discharge Received: 			   Date: 040106   Chapter: 14-12b       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKA   Unit/Location: HQ & HQ Battery Artillery, 1st Battalion, 17th Field Artillery Brigade, Fort Sill, OK 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 030122, larceny of a total value of about $164.00, the property of AAFES (021224), reduction to the grade of Private (E-2), forfeiture of $645.00 pay for two months, suspended, to be automatically remitted if not vacated before (030721), extra duty and restriction for 45 days (FG)

020819, failed to obey a lawful order issued by a CPT (020711), reduction to the grade of Private (E-3), forfeiture of 342.00 pay, extra duty and restriction for 14 days, (suspended), to be automatically remitted if not vacated before (030215), (CG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  21
Current ENL Date: Reenl/001207    Current ENL Term: 4 Years  ?????
Current ENL Service: 	3 Yrs, 1  Mos, 0  Days ?????
Total Service:  		11 Yrs, 6  Mos, 26  Days ?????
Previous Discharges: 	USAR 920610-950524/NA
                                       RA      950525-980301/HD
                                       RA      980302-001206/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 13S10 Field Artillery Surveyor   GT: 103   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: AAM, GCMDL, NDSM (2), AFEM, NATOMDL, AFRMw/M Device, OSR, ASR, CAB

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: The applicant submitted a DD Form 214 for the period of service ending 31 August 2011, which he received an honorable characterization of service while he was called up on active duty by the South Carolina Army National Guard in support of Operation Iraqi Freedom.


VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 16 December 2003, 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 for larceny, disobeying lawful orders, failing to pay just debts and numerous failing to repairs, with a general, under honorable conditions discharge.  He was advised of his rights.  On 19 December 2003, the applicant consulted with legal counsel, was advised of the impact of the discharge action, requested 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 complete separation packet (i.e., the intermediate commander's recommendation for approval of the separation action; the administrative board proceedings and the separation approving authority documents is not part of the available record and the the analyst presumes government regularity in the discharge process.  

       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 available military records, the issue and document submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant’s discharge.  
       
       The applicant’s record is void of the complete facts and circumstances concerning the events that led to the former Soldier’s discharge from the Army.  However, the applicant’s record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature.  This document identifies the reason and characterization of the discharge and the analyst presumed government regularity in the discharge process.  
       
       The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 14-12b by reason of misconduct, with a characterization of service of general, under honorable conditions.  Barring evidence to the contrary, 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.  
       
       The applicant's contentions were carefully considered.  However, the analyst is unable to determine whether these contentions have merit because the facts and circumstances leading to the discharge are unknown.  The burden of proof remains with the former Soldier to provide the appropriate documents or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration.  If the applicant desires a personal appearance hearing, it will still be his responsibility to meet the burden of proof since the evidence is not available in the official record.
       
       Therefore, based on the available evidence, the analyst presumes government regularity in the discharge process and concludes that it appears 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: 9 March 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated 16 August 2011, copy of a DD Form 214 for the period of service ending 31 August 2010.

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 AR20110018462
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