Applicant Name:  ?????

Application Receipt Date: 2011/09/16	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "I was not presented a defense for my discharge and denied my right to present evidence why my discharge should not be completed. I was also denied my right to open door policy according to the unit SOP."

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: 101020
Discharge Received: 			   Date: 101215   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: A Company, 601st Aviation Support Battalion, 1st Combat Aviation Brigade, Camp Taji, Iraq, APO AE 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 100501, disobeyed a lawful order from SSG, a noncommissioned officer (100408), reduction to Private (E-2), forfeiture of $378.00 pay and extra duty for 14 days (CG)

080606, dereliction of duty; in that he by culpable inefficiency, failed to stay awake during Radio Telephone Operator Duty, as it was his duty to do (080506), reduction to Private (E-2), foreiture of $352.00 pay per month for one month, suspended, to be automatically remitted if not vacated before (080914) (CG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  22
Current ENL Date: Reenl/090701    Current ENL Term: 2 Years  ?????
Current ENL Service: 	1 Yrs, 5 Mos, 15 Days ?????
Total Service:  		5 Yrs, 4 Mos, 26 Days ?????
Previous Discharges: 	USAR 020722-030115/NA
                                       ADT    030116-030602/UNC
                                       RA      060601-090831/HD
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 88M10 Motor Transport Oper   GT: 115   EDU: GED Cert   Overseas: Southwest Asia   Combat: Iraq x 2 (070828-081129), (100315-101107)
Decorations/Awards: GCMDL, NDSM, GWOTSM, ICMDLw/CS (2), ASR, OSR, MUC

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 20 October 2010, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 1-12b, AR 635-200, by reason of a pattern of misconduct; in that he disobeyed a direct order from a SSG in which he received a Company Grade Article 15 on (100501); failed to report to his appointed place of duty x 5 (100806), (100815), (100818), (100822), (100828), disobeyed a direct order and had sexual relations with a married female. 
       
       The unit commander recommended separation with a general, under honorable conditions discharge.  He was advised of his rights.  On 23 October 2010, 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 26 October 2010, 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 not presented a defense for his discharge and was denied his right to present evidence why his discharge should not be completed and he was also denied his right to the open door policy according to the unit SOP.  The evidence of record shows that the applicant consulted with legal counsel; was advised of all his rights and authenticated by his signature on the election of rights document that he understood why he was being separated under the provisions of AR 635-200, Chapter 14, Paragraph 14-12b, by reason of a pattern of misconduct. 
       
       Further, before initiating action to separate the applicant, the command ensured the applicant was appropriately counseled about the deficiencies, which could lead to separation.  The analyst noted the command made an assessment of the applicant's potential for becoming a fully satisfactory soldier.  The evidence of record furhter shows that the applicant was afforded a reasonable opportunity to overcome noted deficiencies.  As the applicant did not subsequently conform to required standards of discipline and performance, the command appropriately determined the applicant did not demonstrate the potential for further military service.  On 26 October 2010, the separation authority waived further rehabilitative efforts and directed the applicant's discharge from the Army.  
       
       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: 7 February 2012         Location: Dallas, TX

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: Online application dated 13 September 2011, DA Form 4856 dated 3 November 2010, DA Form 2823 dated 21 October 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 AR20110018999
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