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 honorable.  He contends his chain of command did not want to deal with him anymore and just wanted to chapter him out of the Army.  He further contends he served four years without any problems or derogatory information in his record and got judged for a couple of mistakes he could have been reprimanded for.  He also contends he was diagnosed for mood swings while on active duty.

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: 110620
Discharge Received: 			   Date: 110730   Chapter: 14-12c       AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: Bloomington Recruiting Company, Bloomington, IN 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 110613, violated a lawful general regulation by wrongfully having an inappropriate relationship with two recruits Ms. AW and Ms. AW (110311); and violated a lawful general order by wrongfully losing his governmental laptop (110425); and with intent to deceive, signed an official record, a DA Form 31 that he was leave when he was not (101220); reduction to E-4, forfeiture of $1,150 pay x 2 months (suspended), (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: 070704    Current ENL Term: 06 Years  5 months extension (100122)
Current ENL Service: 	04   Yrs, 00  Mos, 27   Days ?????
Total Service:  		05  Yrs, 11   Mos, 13  Days ?????
Previous Discharges: 	USAR-050817-050830/NA (Dep)
                                       RA-050831-070703/HD
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 11B14 Infantryman   GT: 96   EDU: 14 Years   Overseas: Southwest Asia   Combat: Iraq (090505-100505), (061101-071216)
Decorations/Awards: ARCOM-2, AGCM, NDSM, ICM-W/CS-2, ASR, OSR-2, CIB 

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 20 June 2011, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason misconduct-commission of a serious offense for receiving a DUI (110204), having a social activity of a personal, unofficial nature with future Soldier AW and prospect AW,  misrepresenting his leave address on a DA  Form 31 and losing his government laptop, with a general, under honorable conditions discharge.  He was advised of his rights.
       
       On 23 June 2011, 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.  
       
       On 8 July 2011, 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 a General Officer Memorandum of Reprimand (GOMOR), dated 21 March 2011, for driving with his music playing loudly, (Administrative).

       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, the issues and document submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the applicant's characterization of service.
       
       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 his chain of command did not want to deal with him anymore and just wanted to chapter him out of the Army.  The evidence of record shows that the command attempted to assist the applicant in performing and conducting himself to Army standards by the imposition of non-judicial punishment.  The applicant failed to respond appropriately to this effort.
       
             Further, 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.
       
       The applicant further contends he served four years without any problems or derogatory information in his record and get judged for a couple of mistakes he could have been reprimanded for.  The analyst acknowledges the applicant’s in-service accomplishments and considered the quality of his service during the initial portion of the enlistment under review.  However, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge under review.  
       
       The applicant also contends he was diagnosed for mood swings while on active duty.  The record does not support the applicant’s contention, and no evidence to support it has been submitted by the applicant, that the discharge was the result of any medical condition.
       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: 19 September 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, dated (120404), with an Issues Statement, dated (120404).

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 AR20120007242
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