Applicant Name:  

Application Receipt Date: 1012/04/09	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he has the cloud of an UOTH discharge hanging over him, since his discharge at the age of 20.  Since then, many things have changed for the good, both overseas and domestically.  He has been employed in several great positions in a few different companies.  He has received his degree in several fields.  If needed, he can provide a criminal record check and/or a drug test to prove that he is not the type of person made out to be on his discharge papers.  To this day, he will say that his unit made an example out of him as he has seen other Soldiers doing worse things; however, they did not received UOTH.  It is his belief that having South Korea, Japan, or other countries as a first duty station for a Soldier right out of basic and AIT can be for the worst or the better.  He personally saw Soldiers who were constantly drinking, some doing drugs, or not even showing up for formations during his tour in Korea.  He was never caught with drugs, had the perfect uniform, always showed up at formations, and volunteered to go to the field often.  He was always hoping to be deployed to the desert and working hard to impress his seniors during working hours, PT, and other times during duty.  The unit that he was with, in all honesty when he thinks of it now, was one of the worst he has ever heard about or seen.  He is not blaming his unit as a whole, but he knows for a fact that the 1SG and commander at the time were looking to make an example out of someone.  He can still say this almost eight years later with a mature and factual complaint.  He stayed in Korea after ETSing, working, and still living near the post the whole time.  He saw Soldiers come and go, and with sadness, he always remembers the discharge he received.  Knowing that he went into the military with his mind set on succeeding and making it a career, is a daily concern and it still bothers him to this day.  Of course and although his misconduct can match what happened during the last few months of his service, he was never given a chance.  It was a quick chapter, even while he begged to be reclassified or given another option.  He concludes that any criminal record/drivers license, drug test, or education history can be provided upon the Board’s request.  He expresses his appreciation for the Board to take the time to review his case and hopes it will turn out for the better.

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: 040730
Discharge Received: 			   Date: 041020   Chapter: 14-12b    AR: 635-200
Reason: Misconduct	   RE:     SPD: JKA   Unit/Location: 473rd Field Service Company, 498th Corps Support Battalion,  

Time Lost: None

Article 15s (Charges/Dates/Punishment): 040504, disrepectful toward his commanding officer (040228) and an NCO (040312), 45-day restriction and extra duty, (FG) 

040205, disrespect in deportment toward an NCO x 5 (031116 x 4), (031205); disrespectful in language toward an NCO (031116); failed to go to his appointed place of duty at the prescribed time x 3 (031116, 0800 and 1800 hrs), (031117); violated a general regulation (031116); disobeyed his 1SG (undated), reduced to E-1; forfeiture of $575; 45-day extra duty and restriction, (FG)

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

Counseling Records Available: Yes    No 



IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 030404    Current ENL Term: 03 Years  ?????
Current ENL Service: 	01 Yrs, 06 Mos, 17 Days ?????
Total Service:  		01 Yrs, 06 Mos, 17 Days ?????
Previous Discharges: 	None
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: 92S (Laundry, Shower, and Textile Spec)   GT: 109   EDU: HS Grad   Overseas: Korea   Combat: None
Decorations/Awards: NDSM; GWOTSM; KDSM; ASR

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 23 June 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 pattern of misconduct for receiving two Field Grade Article 15s for multiple violations of failing to report to his appointed place of duty, and disobeying lawful orders and being disrespectful to both noncommissioned officers and commissioned officers, with an under other than honorable conditions discharge.  He was advised of his rights. 
       
       On 29 July 2004, the applicant consulted with a legal counsel and requested consideration of his case by an administrative separation board.  The applicant did not submit a statement on 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 with an under other than honorable conditions discharge.  
       
       On 8 September 2004, the applicant was notified to appear before an administrative separation board and advised of his rights.  On 22 September 2004, the administrative separation board convened.  The applicant appeared with counsel.  The board recommended the applicant be discharged with issuance of a character of service of under other than honorable conditions.
         
       On 6 October 2004, the separation authority approved the recommendation of the administrative separation board and directed the applicant’s discharge with a characterization of service of an under other than 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, and the issue and document 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 the former Soldier’s 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 noted that the applicant met entrance qualification standards to include age.  There is no evidence that the applicant was any less mature than other Soldiers of the same age who successfully completed military service.
       
       Further, the analyst acknowledges the applicant's successful transition to civilian life and noted the many accomplishments he presented in his self-authored statement.  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. 
       
       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.
       
       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: 7 September 2012         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, dated 23 March 2012; DD Form 214 for service under current 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 1    No change 4
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 AR20120007568
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