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 a grave injustice was done to separate an outstanding Soldier from the Army, simply because he stood up for what was right and reported a wrongdoing within the chain of command.  Even though his military career was short, he was able to put himself in college and accumulate 721 correspondence credit hours.  He was a model Soldier who wanted to further his military and civilian education.  He would use the upgrade to re-enter the Army. There is no better career than the military he would choose to retire from, but because he has a General discharge with a re-entry of code 3, he cannot currently reenlist in the Army.  He would like to continue to serve the United States and further his education so he can help model and lead young promising Soldiers of tomorrow.  He adds the justifiable reasons why an upgrade from a General Discharge to an Honorable Discharge should be considered is because of unethical means used to separate a promising Soldier.  He also submits a copy of his ERB, APFT score sheet that shows a physically fit promising Soldier furthering his military education and a squared away Soldier who does not have a military history of misconduct, but one who has a history of progress, a true future leader among Soldiers.  The last four months of his military career took a U-turn when he was in Iraq at Camp Taji.  He states that after doing the right thing and reported his squad leader and platoon SGT for wrongdoing; he was told that he should not “throw fellow Soldiers under the bus.”  He was treated unfairly since.  He let the pressure and stress caused by those very same individuals get to him and he gave up hope; a mistake he regrets today.  He does not want to hope for an upgrade while pointing fingers about the past unethical wrongdoing, but rather a review of his past military history that shows a good promising Soldier who did the right thing, kept his noise clean, and did his job correctly with a sense of urgency.  The military, to him, is a good way of life that he would still like to retire from 30 or 4O years down the line.  He loved being a mechanic in the military and would like to continue what he does best, and that is to serve his country to the best of his ability.  Up until the last four months being in Iraq, his track record was perfect, no problems, no counseling—just a squared away Soldier trying to do his best at making progress.

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: 100801
Discharge Received: 			   Date: 100831   Chapter: 14-12c    AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: E Co, 2nd Bn, 1st Aviation Regiment, Combat Aviation Brigade, 1st Infantry Division, Camp Taji, Iraq 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 100606, disobeyed a commissioned officer (100610), reduced to E-2 (suspended); forfeiture of $378 (suspended); 14-day extra duty and restriction; oral reprimand, (CG)

100726, disobeyed an NCO (100721), vacation of suspended reduction to E-2 and forfeiture imposed (100606), (FG)

100614, disrespectful in behavior and language toward a commissioned officer (100606), reduced to E-1; forfeiture of $337; 14-day extra duty and restriction (all suspended), (CG)

100726, disobeyed an NCO, vacation of suspended punishments imposed on 100614, CG

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  23
Current ENL Date: 080916    Current ENL Term: 3 Years  25 Weeks
Current ENL Service: 	01 Yrs, 11 Mos, 15 Days ?????
Total Service:  		01 Yrs, 11 Mos, 15 Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 91B (Wheeled Veh Mech)   GT: 101   EDU: HS Equiv   Overseas: SWA   Combat: Iraq (100315-100819)
Decorations/Awards: NDSM; ICM-CS; GWOTSM; ASR

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 29 July 2010, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of misconduct—for having disobeyed a superior commissioned officer by refusing to complete the task of rewriting an essay on military discipline, following orders, illegal orders, and sick call procedures, which was given to him for corrective training; having disrespected a superior commissioned officer by saying, “I believe CPT S to be a coward who hides behind his rank and utilizes his subordinates as a tool to carry out unethical means towards Soldiers,” or words to that effect; having disobeyed a direct order from CSM W to stop walking; having disobeyed a direct order from SFC J to stop walking; and having disobeyed a direct order from SSG P to stop walking off, with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 1 August 2010, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement in his own behalf.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed action and recommended approval of the separation with a general, under honorable conditions discharge.  
       
       On 5 August 2010, 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, and 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 the former Soldier’s 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 contends he is entitled to an upgrade of his discharge because of circumstances which contributed to his misconduct.  Specifically, he claims stress at work resulted in his discharge.  While the applicant may believe his stress at work was the underlying cause of his misconduct, the record of evidence does not demonstrate that he sought relief from stress through his command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other medical resources available to all Soldiers.  Likewise, he has provided no evidence that he should not be held responsible for his misconduct.
       
       The analyst acknowledges the applicant's in service accomplishments as stated in his application.  However, the analyst did not find the said issue sufficiently mitigating to warrant an upgrade of the discharge under review. 
       
       The analyst noted the applicant's issues about his desire to rejoin the Service, to have better job opportunities and the benefits of the GI Bill.  However, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  At the time of discharge, the applicant was appropriately assigned a reentry eligibility (RE) code of “3.”  If reenlistment is desired, the applicant should contact the local recruiter to determine eligibility to reenlist.  Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate.     Additionally, 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.
       
       Furthermore, the evidence of record shows that the command attempted to assist the applicant in performing and conducting himself to Army standards by providing counseling and by the imposition of non-judicial punishments.  The applicant failed to respond appropriately to these efforts.  
       
       Accordingly, the analyst found no evidence of arbitrary or capricious actions by the command.  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.
       
       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: 2 May 2012         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: Dd Form 293, dated 31 October 2011; Driver's License (copy); ERB, dated, 27 July 2010; APFT, dated 10 June 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: NA
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 AR20110022203
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