Applicant Name:  ?????

Application Receipt Date: 2011/08/26	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues:  The applicant states, in effect, that the reasons the Army used to establish a pattern of misconduct were not valid.  He also contends he was not afforded an opportunity to rebut the discharge at the time of separation.  He is seeking benefits through the Department of Veterans Affairs.  He also notes that his DD Form 214 does not include his combat time.

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: 060424
Discharge Received: 			   Date: 060609   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: 508th MP Bn, 42nd MP Bde, Fort Lewis, Washington 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 051028, failed to go (050923); assaulted an NCO (051022); willfully disobeyed an order of an NCO (051022); two specifications of wrongfully consuming alcohol under the age of 21 (050903-050905; 051024); and two specifications of drunk and disorderly (050903-050905; 051024), forfeiture of $617.00 pay per month for two months ($615.00 suspended for one month), and 45 days of restriction and extra duty, (FG)

060205, disrespectful in language to SSG W (060201), forfeiture of $297.00 pay and extra duty 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: 050303    Current ENL Term: 4 Years  ?????
Current ENL Service: 	01 Yrs, 03 Mos, 07 Days ?????
Total Service:  		01 Yrs, 03 Mos, 07 Days ?????
Previous Discharges: 	None
Highest Grade: E-1		Performance Ratings Available: Yes    No 
MOS: 21J10 Gen Constr Equip Op   GT: 91   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (dates NIF)
Decorations/Awards: NDSM, 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 12 April 2006, 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 misconduct—pattern of misconduct for failing to obey NCO's orders, failure to be at the prescribed place at the prescribed time, assault of an NCO, and underage drinking, with an under other than honorable conditions discharge.  He was advised of his rights.     
         
       On 12 April 2006, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and unconditionally waived consideration of his case by an Administrative Separation Board.  He provided statements on his behalf.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  The battalion commander reviewed the proposed action and recommended approval of the approval of the separation with an under other than honorable conditions discharge.  The brigade commander reviewed the proposed action and recommended approval of the separation with a general, under honorable conditions discharge.  
       
       On 24 May 2006, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.
       
       The applicant's record contains two Military Police Reports, dated 10 August 2005 and 22 October 2005.

       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 analyst noted the applicant's issues; however, there was 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.  The evidence in the applicant's official record shows that a valid pattern of misconduct existed upon which to base his discharge.  Further, the applicant consulted with counsel during the discharge process, was offered an administrative separation board which he unconditionally waived, and availed himself of the opportunity to submit evidence in response to the proposed dischage. 
       
       Additionally, eligibility for veteran's benefits 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 analyst noted the applicant's issue about his DD Form 214 not reflecting his combat time; however, the correction the applicant requests to be made to the DD Form 214, does not fall within the purview of this Board.  The applicant may apply to the Army Board for Correction of Military Records (ABCMR), utilizing the enclosed DD Form 149 regarding this matter.  A DD Form 149 may also be obtained from a Veterans' Service Organization. 
       
       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 March 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293; DD Form 214; copy of his separation order; five supporting statements; VA Profile

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: ????

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 AR20110017101
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