Applicant Name:  ?????

Application Receipt Date: 2012/04/09	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 learned from his mistakes and has avoided legal issues for eight years.  He desires to enlist in the Army Reserve and serve our great country again.

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: 031125
Discharge Received: 			   Date: 031216   Chapter: 14-12b       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKA   Unit/Location: B Btry, 5-7th ADA, APO AE 09165 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 030130, stole a box of assorted Calvin Klein Colognes, of a value of about $28.00, the property of AAFES (021122); violated a lawful general regulation, by wrongfully operating a POV without a license (021215); reduction to E-2 (suspended), forfeiture of $100 pay and extra duty for 14 days, (CG).

Violated Articles 92 and 11 of the UCMJ, reduction to E-1, forfeiture of $575 pay, extra duty for 45 days and restriction for 45 days, (FG).  However, the Article 15 is not contained in the available record, see unit commander's recommendation memorandum. 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  24
Current ENL Date: 990930    Current ENL Term: 04 Years  ?????
Current ENL Service: 	04  Yrs, 02  Mos, 17  Days ?????
Total Service:  		04  Yrs, 02  Mos, 17  Days ?????
Previous Discharges: 	None 
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 52D10 Power Generation Equipment Repairer    GT: 93   EDU: HS Grad   Overseas: Southwest Asia/Germany   Combat: Iraq (030320-030420)
Decorations/Awards: NDSM, AGCM, 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 25 November 2003, 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 committing the offense of larceny, driving without a valid USAREUR driver's license, driving while drunk, making false official statements, disrespecting noncommissioned officers, failing to go to his appointed place of duty, writing bad checks and assaulting Mrs. M, his spouse, by striking her on the left cheek with an open hand, with a general, under honorable conditions discharge.  He was advised of his rights.
       
       On 1 December 2003, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not indicate if he intended to 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 2 December 2003, 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 three (3) Military Police Reports, dated 13 September 2003, with additional offenses, persons related to the report, 22 November 2002, with additional persons related to the report and                7 May 2001, with additional persons related to the report.

       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 and the issues 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.
       
       The applicant contends he learned from his mistakes and has avoided legal issues for eight years.  The applicant is to be commended for his efforts.  However; this contention is not a matter on which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion relating to the discharge process, nor is it associated with the discharge at the time of issuance.   
       
       The applicant desires to enlist in the Army Reserve and serve our great country again. The applicant was appropriately assigned an RE code of 3.  An RE code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist.  If the applicant desires to reenlist, he should contact the local recruiter to determine his 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.
       
       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: 12 September 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, dated (120326).

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: 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 AR20120007206
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