Applicant Name:  ?????

Application Receipt Date: 2012/03/16	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states: "While serving in Korea, my Commanding officer, NCOs, and my peers would constantly accuse me of malingering (a medical term that refers to fabricating or exaggerating the symptoms of mental or physical disorders for a variety of “secondary gain’ motives).  Despite the physical profile given to me by my physician, my CO and various NCOs would knowingly have me perform tasks that were in violation of my profile. After I physically couldn’t continue said tasks due to extreme pain, I would then be either counseled or written up by my NCOs for insubordination, this in turn facilitated my separation from the Army as General discharge with the narrative of patterns of misconduct. Upon my discharge from the Army I was awarded a 40% disability rating for service connected injuries. This award proves that I wasn’t malingering but that I was in fact injured during my time in Korea. If I were given the opportunity to heal properly by the guidance of my physician and not been harassed by my peers and superiors. I believe I would still be in the service or have at least gotten a chance for a medical board however, that is not the case and I now have to go through life with this discharge and narrative hanging over my head. I was a good Soldier and I would truly like my DD form 214 to reflect that."

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: 090817
Discharge Received: 			   Date: 090912   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: B Btry, 1/15th FA, Casey, AP 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 090529, Failure to go at the time prescribed to his appointed place of duty x 2 (090413 and 090414), disobeying a lawful order from a senior noncommissioned officer (090412), and disobeying a lawful written order (090412) by wrongfully consuming alcohol so that his blood alcohol content exceeded the         .10 limit, reduction to E1; forfeiture of $699.00 pay per month for two months (one month suspended); extra duty for 45 days (15 days suspended); restriction for 45 days (15 days suspended); and no alcohol for 30 days (FG). 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  21
Current ENL Date: 080324    Current ENL Term: 03 Years  ?????
Current ENL Service: 	01 Yrs, 05  Mos, 15  Days ?????
Total Service:  		01 Yrs, 05  Mos, 15  Days ?????
Previous Discharges: 	None
Highest Grade: E3		Performance Ratings Available: Yes    No 
MOS: 13B10/Cannon Crewmember   GT: 103   EDU: GED   Overseas: Korea   Combat: None
Decorations/Awards: NDSM, GWOTSM, KDSM, ASR, OSR

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 17 August 2009, 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 a Field Grade Article 15 (090529) for failing to report to his appointed place of duty on two occasions, disobeying a superior noncommissioned officer, and violating a general order by wrongfully consuming alcohol so that his blood alcohol content exceeded the .10 limit; failed to report to his appointed place of duty, disrespected two senior noncommissioned officers, and communicated a threat to a senior noncommissioned officer, with a general, under honorable conditions discharge.  He was advised of his rights.
       
       On 17 August 2009, the applicant consulted with legal counsel, was advised of the impact of the discharge action, 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 28 August 2009, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged 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, his issues, and the 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 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.  
       
       Furthermore, the analyst concluded that the applicant committed many discrediting offenses, which constituted a departure from the standards of conduct expected of Soldiers in the Army.  Having examined all the circumstances, the analyst determined that the applicant’s numerous incidents of misconduct did indeed adversely affect the quality of service, brought discredit on the Army, and was prejudicial to good order and discipline.  These incidents of misconduct clearly diminished the quality of the applicant’s service below that meriting a fully honorable discharge.
       
       
       
       
       
       
       
       
       
       
       The narrative reason for separation is governed by specific directives.  The applicant was discharged under the provisions of Chapter 14, Paragraph 14-12b, AR 635-200.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Pattern of Misconduct," and the separation code is "JKA"  Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be entered under this regulation.
       
       The analyst acknowledges the independent document (Department of Veterans Affairs) submitted with the application indicating the applicant was awarded 40% disability for service connected injuries.  However, in review of the applicant’s entire service record, the analyst found that this medical condition did not overcome the reason for discharge and characterization of service granted.
       
       There is no evidence of record and the applicant has submitted no probative medical evidence that he had a medical problem which rendered him disqualified for further military service and that he was not able to perform his duties, with either medical limitation or medication.  
       
       Furthermore, 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.  
       
       In view of the foregoing, 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: 7 September 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, Physical Profile, dated 29 June 2009, Department of Veterans Affairs Letter, dated 12 May 2010, DD Form 214 for the period of service under review.

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:




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 AR20120006015
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