Applicant Name: ?????
Application Receipt Date: 2012/03/02 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: The applicant states, in effect, that he is requesting an upgrade to his discharge because he was hospitalized in a VA hospital while he was active duty and his mental health has become worse since his discharge.
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: 041020
Discharge Received: Date: 050126 Chapter: 14-12c(1) AR: 635-200
Reason: Misconduct RE: SPD: JKD Unit/Location: 488th Quartermaster Company, 142d Corps Support Battalion, Fort Polk, Louisiana
Time Lost: AWOL x 1 for 1 day (040708 - 040709), mode of return unknown.
Article 15s (Charges/Dates/Punishment): 040224, without authority, failed to go at the time prescribed to his appointed place of duty x 3 (030905), (0312010, (031220); extra duty for 14 days; (Summarized).
040629, failed to go at the time prescribed to his appointed place of duty x 4 (040511), (040519), (040520), (040521; reduction to E-3; extra duty and restriction for 14 days; (CG).
040819, AWOL (040709); reduction to E-2; forfeiture of $312, suspended, to be automatically remitted if not vacated (050214); extra duty and restriction for 14 days; (CG).
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 21
Current ENL Date: 020104 Current ENL Term: 3 Years Stop-loss in effect at the time, the analyst presumed government regularity
Current ENL Service: 3 Yrs, 0 Mos, 21 Days ?????
Total Service: 3 Yrs, 0 Mos, 21 Days ?????
Previous Discharges: None
Highest Grade: E-1 Performance Ratings Available: Yes No
MOS: 92S10 Laundry and Textile Specialist GT: 86 EDU: HS Grad Overseas: SWA Combat: Afghanistan (020624 - 021204)
Decorations/Awards: ARCOM, NDSM, GWOTEM, GWOTSM, ASR
V. Post-Discharge Activity
City, State:
Post Service Accomplishments: None
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 20 October 2004, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-C, AR 635-200, by reason of misconduct, commission of a serious offense for receiving a Summarized Article 15 for three violations of Article 86 (040224); receiving a Company Grade Article 15 for four violations of Article 86 (040629); receiving a Company Grade Article 15 for a violation of Article 86 (040819); receiving a DUI by civilian authorities (030418); and being AWOL (040708 - 040709), with an under other than honorable conditions discharge. He was advised of his rights.
On 16 November 2004, the applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an Administrative Separation Board contingent upon him receiving a characterization of service no less favorable than general, under honorable conditions and did not submit 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 18 January 2005, the separation authority approved the conditional waiver request, waived further rehabilitation and directed the applicants discharge with a characterization of service of general, under honorable conditions.
The record contains a military police report dated, 12 July 2004.
The record contains Louisiana Department of Public Safety and Corrections Report 0129036.
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 carefully examining the applicants record of service during the period of enlistment under review the issues and documents he submitted, the analyst determined that the discharge was both proper and equitable. There was a full consideration of all faithful and honorable service as well as the infraction of discipline, the extent thereof, and the seriousness of the offense.
The analyst determined that the applicants 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 his 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 applicants service mitigated the misconduct or poor duty performance.
The applicant contends that he was hospitalized in a VA hospital while on active duty and since his discharge his mental health has continued to decline. In review of the applicants entire service record, the analyst found that the applicants contention of a mental health condition did not overcome the reason for discharge and characterization of service granted. The record shows that on 16 September 2004, the applicant underwent a mental evaluation which indicates that he was mentally responsible, with thought content as clear, and was able to recognize right from wrong.
Eligibility for veteran's benefits to include health and 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 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 August 2012 Location: Washington, D.C.
Did the Applicant Testify? Yes No
Counsel: None
Witnesses/Observers: None
Exhibits Submitted: DD Form 149 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, hearing his testimony 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: 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 AR20120004803
______________________________________________________________________________
Page 3 of 4 pages
ARMY | DRB | CY2010 | AR20100014334
Applicant Name: ????? On 17 December 2005, the separation authority waived the applicant's rights to a hearing before an administrative separation board, waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: No Change RE Code: Grade...
ARMY | DRB | CY2008 | AR20080019763
Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on 21 September 2004, 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 failure to report x 12 between (040303-040811), and receiving a Summary Court-Martial, with an under other than honorable conditions discharge. The applicant consulted with legal counsel, was...
ARMY | DRB | CY2008 | AR20080001588
Facts and Circumstances: Evidence of record shows that on 22 February 2002, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconductpattern of misconduct for receiving a Article 15 (040708) for failure to report to his appointed place of duty (040706), Article 15 (030615) for assault on another Soldier (030521), Article 15 (020930) for disobeying a commissioned officer (020906) and a noncommissioned...
ARMY | DRB | CY2010 | AR20100014071
On 27 July 2004, the applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an Administrative Separation Board contingent upon him receiving a characterization of service no less favorable than general, under honorable conditions and did not submit a statement in his own behalf. The analyst found the length of the applicant's service to include his combat service, mitigated the discrediting entries in his...
ARMY | DRB | CY2008 | AR20080000613
Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on 11 July 2005, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct-pattern of misconduct for receiving a Field Grade Article 15 on (050406), received a Company Grade Article 15 on (040518), and three (3) counseling statements (041104), (041004) and (040920), with a general, under honorable conditions discharge. ...
ARMY | DRB | CY2007 | AR20070009953
Applicant Name: ????? Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 and attached documents submitted by the applicant. Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a discharge for the good of the service in lieu of trial by court-martial.
ARMY | DRB | CY2009 | AR20090000762
Applicant Name: ????? The evidence of record indicates that the applicant was adjudged guilty by a court-martial and that the sentence was approved by the convening authority. After a thorough review of the applicants record and the issue submitted with the application, the analyst found no cause for clemency and therefore recommends to the Board to deny clemency.
ARMY | DRB | CY2008 | AR20080012846
Applicant Name: ????? Facts and Circumstances: Evidence of record shows that on 8 July 2004, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconductpattern of misconduct for offenses punishable under the UCMJ on (021112, 031015, and 040610), with a general, under honorable conditions discharge. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change...
ARMY | DRB | CY2009 | AR20090000355
The applicant consulted with legal counsel, was advised of the impact of the discharge action, requested consideration of his case by an administrative separation board, and did not submit a statement in his own behalf. On 1 April 2005, the separation authority approved the conditional waiver request, waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. The evidence of record shows...
ARMY | DRB | CY2009 | AR20090019096
On 17 June 2004, the separation authority approved the conditional waiver request, waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: DD Form 214, unit commander's memorandum dated 15 June 2004, character reference letter. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change...