Applicant Name:  ?????

Application Receipt Date: 2011/11/03	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he requests an upgrade of his discharge to fully honorable and a change to the narrative reason for separation.  He requests a new DD Form to show the period 20080701-20100608 and 20100609-20110315 as honorable service.  He contends NCOs singled him out for every infraction regardless of the slightness.  He further contends suffering from Traumatic Brain Injury (TBI) while in Iraq.  He also contends being lied to by his recruiter concerning the signing bonus and education benefits.  He desires to receive VA benefits.  He additionally contends being unemployed and the job market looks bleak.    

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: 110216
Discharge Received: 			   Date: 110315   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: E Co, 2-14th IN Regt, 2nd Bde Cbt Tm, Fort Drum, NY  

Time Lost: None

Article 15s (Charges/Dates/Punishment): 101110, without authority, failed to go at the time prescribed to his appointed place of duty x 2 (101020), (101018); and willfully disobeyed a lawful order from a noncommissioned officer (SSG) (101013); willfully disobeyed a lawful genereal regulation, by wrongfully consuming alcohol while underage twenty-one (101018); and being drunk on duty (101017);reduction E-l,  forfeiture of $723 pay x 2 months,  extra duty for 45 days, restriction for 45 days and an oral reprimand, (FG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: 100609    Current ENL Term: NIF Years  the availble record does not contain the immediate reenlistment contract; however, the Enlisted Record Brief (ERB) shows the applicant's expiration of term of service (ETS) as (130608). 
Current ENL Service: 	00  Yrs, 09  Mos, 07  Days ?????
Total Service:  		02  Yrs, 08  Mos, 15  Days ?????
Previous Discharges: 	RA-080701-100608/HD
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 25U10 Signal Support Systems Spec   GT: 124   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (091015-100801)
Decorations/Awards: NDSM, ASR, OSR, CAB

V.  Post-Discharge Activity
City, State:     
Post Service Accomplishments: None Listed


 

VI.  Facts, Circumstances, and Legal Basis for Separation
       a.  Facts and Circumstances:
       The evidence of record shows that on 16 February 2011, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, by reason of pattern of misconduct for willfully disobeying a lawful order (101013); and disrespecting a noncommissioned officers (110128), with a general, under honorable conditions discharge.  He was advised of his rights.
       
       On 16 February 2011, the applicant waived 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 5 March 2011, the separation authority waived further rehabilitation and directed the applicant’s discharge 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 during the period of enlistment under review, the issues 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 applicant requested a change to the narrative reason for separation.  The narrative reason for separation is governed by specific directives.  The applicant was discharged under the provisions of Chapter 14, paragraph        14-12b, AR 635-200.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Pattern of Misconduct," the separation code is "JKA," and the reentry code is "RE 3."  
       
       Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28, separation code, entered in block 26, and RE Code, entered in block 27 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be entered under this regulation. 
       
       The applicant requests a new DD Form to show the immediate reenlistment period 20080701-20100608 and 20100609-20110315 as honorable service.  Chapter 2,  AR 635-5 (Separation Documents), establishes the standardized policy for preparing and distributing the DD Form 214.  Effective 1 October 1979, military personnel who were discharged for the purpose immediate reenlistment were no longer issued a separate DD Form 214.
       
       Further, the U.S. Army does not have, nor has it ever had, a policy to automatically upgrade discharges.  Each case is decided on its own merits when an applicant submits a DD Form 293 requesting a change in discharge.  Changes may be warranted if the Board determines that the characterization of service or the reason for discharge or both were improper or inequitable. 
       
       The applicant contends NCOs singled him out for every infraction regardless of the slightness.  The applicant bears the burden of the presentation of substantial and credible evidence to support his contention.  There is no evidence in the record, nor has the applicant provided any evidence, to support the contention that he was unjustly singled out. 
       
       The applicant further contends suffering from TBI while in Iraq.  The record does not support the applicant’s contention, and no evidence to support it has been submitted by the applicant, that the discharge was the result of any medical condition.
       
       The applicant also contends being lied to by his recruiter concerning a signing bonus and education benefits. The government is not liable for negligent or erroneous acts of its agents, including a reenlistment bonus promised to a to a former service member that was established through a contract between the member and his recruiter.
       
       The applicant desires to receive VA benefits.  Eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.
       
       The applicant additionally contends being unemployed and the job market looks bleak.  The Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.
       
       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: 4 May 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, dated (111031); Letter, Request for Congressional Assistance, dated (110914); Enlisted Record Brief (ERB), dated (100315); and a DD Form 214, dated (110315). 

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: None

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 AR20110022202
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