Applicant Name:  ?????

Application Receipt Date: 2011/09/15	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he was a good Soldier but had a bad habit of getting in trouble.  He has changed now and wishes that he could have another chance but the past is the past.  He was willing to serve the rest of his term and ETS honorabley but stupid struck again.  He is currently in college taking a course in applied automotive science and obtained a 3.8 GPA and graduating on the Deans List.  

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: 060824
Discharge Received: 			   Date: 060927   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: Delta Troop, 1st Squadron, 16th Cavalry Regiment, Fort Knox, KY 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 060823, violated a lawful general regulation by failing to maintain a sanitary day-to-day general housekeeping (060506), disrespectful in language towards SSG, a noncommissioned officer (060710), without authority, absented himselp from his appointed place of duty (060422), failed to go to his appointed place of duty x 4 (060423), (060428), (060708), (060726), failed to obey a lawful order issued by SGT, a noncommissioned officer (060717), reduction to Private (E-1), forfeiture of $636.00 pay per month for two months, restriction and extra duty for 45 days (FG) 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  17
Current ENL Date: 030107    Current ENL Term: 4 Years  ?????
Current ENL Service: 	3 Yrs, 8  Mos, 21 Days ?????
Total Service:  		3 Yrs, 8  Mos, 21  Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 19K10 M1 Armor Crewman   GT: 107   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (040202-050202)
Decorations/Awards: ARCOM (2), NDSM, GWOTSM, ICM, ASR, OSR (2)

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: The applicant stated in his issue that he is currently in college taking a course in applied automotive science and obtained a 3.8 GPA and graduating on the Deans List. 





VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 24 August 2006, 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 23 August 2006 for the following incidents: failing to maintain sanitary day to day general housekeeping, disrespecting a noncommissioned officer, four charges of failing to go to his appointed place of duty, absenting himself from his appointed place of duty, and disobeying a lawful order.  He also received several negative counseling statements regarding his inability to be at his appointed place of duty, his poor duty performance and his lack of general military bearing, which was not tolerated by his command. 
       
       The unit commander recommended separation with a general, under honorable conditions discharge.  He was advised of his rights.  On 29 August 2006, the applicant consulted with 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 11 September 2006, 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, the issue and documents 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 was a good Soldier but had a bad habit of getting in trouble; he has changed now and wishes that he could have another chance but the past is the past.  He was willing to serve the rest of his term and ETS honorabley but stupid struck again.  He is currently in college taking a course in applied automotive science and obtained a 3.8 GPA and graduating on the Deans List.  The analyst acknowledgeds the applicant’s letters of recommendation with his application outlining his successful accomplishments (i.e., academic acheivements) since separation from active duty.  The applicant is to be commended for his efforts.  However, these accomplishments do not provide the Board a basis upon which to grant 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: 23 March 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated 8 August 2011, ten (10) character reference letters with various dates.

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 AR20110018759
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