Applicant Name:  ?????

Application Receipt Date: 2012/04/30	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he would like an upgrade of his discharge so that he can receive his education benefits.  He contends that if he had his education benefits he could receive his degree in Criminal Justice, and become a Juvenile Probation Officer.

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: 110429
Discharge Received: 			   Date: 110614   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: 151st MCT, Fort Hood, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 101104, Making a false official statement to a commissioned officer (101028) and making a false official statement to a noncommissioned officer (101026), reduction to E3 (suspended); forfeiture of $423.00 pay; and extra duty for 14 days, (CG).

101130, suspension of punishment of reduction to E3 was vacated for failure to go at the time prescribed to his appointed place of duty (101117).

101213, Failure to go at the time prescribed to his appointed place of duty x 2 (101116 and 101117) and for dereliction in the performance of his duties (101116), reduction to E2; forfeiture of $811.00 pay per month for two months; and extra duty for 45 days, (FG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  25
Current ENL Date: 080429    Current ENL Term: 04 Years  ?????
Current ENL Service: 	03 Yrs, 01  Mos, 16  Days ?????
Total Service:  		03 Yrs, 01  Mos, 16  Days The DD Form 214 under review makes reference to the applicant having 01 mos and 02 days of prior active service, however the record is void of an documents in support of this claim.
Previous Discharges: 	NIF
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 88N10/Traffic MGT Coord   GT: 106   EDU: GED   Overseas: Southwest Asia   Combat: Iraq (090415-100203)
Decorations/Awards: NDSM, ICM-w/CS, GWOTSM, 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 29 April 2011, 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 for failure to report and for dereliction of duties and for receiving a Company Grade Article for making a false official statement, with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 4 May 2011, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and indicated he intended to submit a statement in his own behalf which was not found in the available records.  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 May 2011, the separation authority waived further rehabilitation and directed the applicant’s discharge 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 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 being absent 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 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 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.  
       
       The analyst noted the applicant's issue of wanting a upgrade of his discharge so that he can receive his education benefits.  However, eligibility for veteran's benefits to include 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: 12 October 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, Enlisted Record Brief, Letters of Recommendation (4), Service School Academic Evaluation Report, dated 7 May 2010, Marriage License, Certificate of Ordination, Certificate of Investiture, Thank You Letter, dated 25 November 2009, Graduation Certificate, Certificate of Training (2), Certificate of Completion (5), Certificate of Appreciation, and 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 AR20120008907
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