Applicant Name:  ?????

Application Receipt Date: 2011/12/19	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.  He contends he completed his contractual agreement of four years.  He further contends being constantly harassed.  He desires to receive VA benefits. 

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: 100219
Discharge Received: 			   Date: 100716   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: A Co, Warrior Transition Bn, Fort Richardson, AK 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 091228, without authority, failed to go at the time prescribed to his appointed place of duty x 6 (091116, 091117, 091028, 091015, 090909, 090827); and being disrespectful in language towards a noncommissioned officer (SGT) (091117); forfeiture of $699 pay x 2 months, extra duty for 45 days and restriction for 45 days (suspended), (FG).

090715, without authority, failed to go at the time prescribed to his appointed place of duty x 5 (090626, 090529, 090513, 090304, 090503); and disrespectful in language towards a noncommissioned officer (SGT) x 2 (090626, 090626); reduction to E-1, forfeiture of $699 pay x 2 months (suspended), extra duty for 45 days and restriction for 45 days (suspended), and an oral reprimand, (FG).

090225, willfully disobeyed a lawful order from a COL, by driving on post (090111); knowingly drive a motor vehicle without possession of a valid registration (090111); and drove a passenger car in a reckless manner by exceeding speeds safe for road conditions and caused said vehicle to strike another Soldier (PFC RM); reduction to E-2 (suspended), forfeiture of $366 pay x 1 month (suspended), extra duty for 14 days and restriction for 14 days, (CG). 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 050203    Current ENL Term: 4 Years  8 month extension; also applicant agreed to an extension beyond his expiration of term of servcie (ETS) for the purpose of completion of hospital care and/or physical disability evaluation.
Current ENL Service: 	05  Yrs, 05  Mos, 14  Days ?????
Total Service:  		05  Yrs, 05  Mos, 28  Days ?????
Previous Discharges: 	USAR-050119-050202/NA
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 91W10 Metal Worker   GT: 92   EDU: HS Grad   Overseas: Alaska/Southwest Asia   Combat: Iraq       (061002-071122)
Decorations/Awards: ARCOM, AGCM, NDSM, ICM-W/2 CS, GWOTSM, ASR, OSR-2, 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 19 February 2010, 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 receiving numerous Article 15s for misconduct, with a general, under honorable conditions discharge.  He was advised of his rights.
       
       On 24 February 2010, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and indicated he intended to 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 with a general, under honorable conditions discharge.  
       
       On 19 March 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 during the period of enlistment under review, the issues and documents submtted 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 contends he completed his contractual agreement of four years.  The applicant enlisted for four (4) years and his ETS would have been 2 February 2009.  However, the evidence of record shows that on 20 January 2009, the applicant voluntarily extended for eight months for the convenience of the government because of medical issues.  The record further shows that on 16 March 2010, the unit commander extended the applicant beyond his ETS for the purpose of completion of hospital care and/or physical disability evaluation, which the applicant agreed to be retained on active duty beyond his ETS. 
       
       On 25 June 2010, the record also shows that the applicant chose to accept an administrative discharge through his unit in lieu of continuing his medical board.
       
       The applicant further contends being constantly harassed.  Although the applicant alleges that he was a victim of harassment during his military service, there is no evidence in his military records and the applicant has not provided sufficient evidence supporting this contention.  Therefore, this argument is not sufficient to support his request for an upgrade of his discharge.  
       
       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.
       
       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: 6 June 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, dated (111130); Memorandum, Soldier's Affidavit for Medical Extension, dated (100316); Photocopy of a Certification Card (110705); Character Statement, dated (111116); and a DD Form 214, dated (100716).

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 2    No change 3
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:




ARCHIE L. DAVIS III
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 AR20110024825
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