Applicant Name:  ?????

Application Receipt Date: 2012/02/27	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, “I wish for the discharge to be changed so that I may reenlist.  During my time in the military I was very immature and I have matured a great deal since then.  I would like to serve my country to the fullest of my abilities.  I currently have two jobs and go to school, l also have not been in trouble with the law.  I know I will be a wonderful asset to the United States Army.”

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: 101213
Discharge Received: 			   Date: 101217   Chapter: 13     AR: 635-200
Reason: Unsatisfactory Performance	   RE:     SPD: JHJ   Unit/Location: Bravo Battery, 3rd Battalion, 6th Air Defense Artillery Brigade, Fort Sill, Oklahoma  

Time Lost: None

Article 15s (Charges/Dates/Punishment): 101108, having knowledge of a lawful order, failed to obey the same by wrongfully possessing his cell phone while in the dining facility (101102); without authority, failed to go at the time prescribed to his appointed place of duty, to wit: 1330, class, located at the GIF (101027); without authority, failed to go at the time prescribed to his appointed place of duty, to wit: 0600, PT Formation (101018); without authority, failed to go at the time prescribed to his appointed place of duty, to wit: 0745, weapons draw (100925); having knowledge of a lawful order failed to obey the same by wrongfully possessing his cell phone while in the training area (100914); reduction to E-1; forfeiture of $723 pay per month for 2 months; extra duty for 45 day; and restriction to the limits of the battery area, DFAC, medical and dental facilities, place of worship and duty for 45 days; (FG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 100329    Current ENL Term: 3  Years  32 Weeks
Current ENL Service: 	0  Yrs, 8 Mos, 19 Days ?????
Total Service:  		0  Yrs, 8 Mos, 19 Days ?????
Previous Discharges: 	None
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: None   GT: 108   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: None

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: The applicant contends he currently has two jobs, attends school, and has not been in trouble with the law.




VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 13 December 2010, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 13, AR 635-200, by reason of unsatisfactory performance for being caught sleeping while on duty on divers occasions (101029 – 101202), disobeying battery and battalion policies by having and using his cell phone in unauthorized areas, failing to report to his appointed places of duty on numerous occasions and being blatantly disrespectful, with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       The applicant's election of rights is not contained in the available record and the analyst presumed government regularity in the discharge process.  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 15 December 2010, the separation authority waived further rehabilitation and directed that the applicant be discharged with a general, under honorable conditions discharge.  The applicant was not transferred to the U.S. Army Reserve Control Group.

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this Chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory Soldier.  Army policy states that a general, under honorable conditions discharge is normally considered appropriate; however, a fully honorable discharge may be granted in meritorious cases.

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of the applicant’s entire military records the issues and documents submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the applicant's discharge.  There was a full consideration of all faithful and honorable service as well as the incidents of unsatisfactory performance.  
       
       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 unsatisfactory performance, the applicant diminished the quality of service below that meriting a fully honorable characterization of service.  
       
        The applicant contends that since leaving the Army, he has not been in trouble with the law and currently has two jobs and goes to school.  The analyst acknowledges the applicant's successful transition to civilian life; however, in review of the applicant’s entire service record, the analyst found that these accomplishments did not overcome the reason for discharge and characterization of service granted.  Further, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  
       
       The analyst noted the applicant’s issue of youth and immaturity; however, there is no evidence that the applicant was any less mature than other Soldiers of the same age who successfully completed military service.
       
       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.  
       
       Furthermore, notwithstanding the propriety of the applicant's discharge, the analyst found that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 24, character of service as uncharacterized, the analyst noted that the applicant was no longer in entry-level status (ELS) and the separation authority approved the applicant’s discharge as general, under honorable conditions.  In view of the foregoing the analyst determined character of service is inequitable and recommends to the Board that block 24, be changed to read general, under honorable conditions as it was approved by the separation authority.    
        
       However, the analyst determined the reason for discharge was proper and equitable. 

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 25 July 2012         Location: Washington, D. C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: Online Application and a DD Form 214

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 reason for the discharge was both proper and equitable and voted to deny relief.

Notwithstanding the propriety of the applicant's discharge, the Board determined that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 24, character of service as uncharacterized, and directs that block 24, be changed to read general, under honorable conditions as it was approved by the separation authority.  



























  
        
IX.  Board Decision						
	
Board Vote:  							          	
Character - Change 5    No change 0
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: NA

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 AR20120003948
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