Applicant Name: ????? Application Receipt Date: 2010/07/30 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that he is trying to get an honorable discharge and he is not going to lie. He did mess up in the Army but it wasn't nothing major. It was a lot of little things that added up. He joined the Army straight out of high school and at first he didn't want to join, but after a while, he got in and fell in love with it. He went in the Army like he didn't want to hear nothing from nobody. It took him getting kicked out to realize what he was doing was wrong. He wants to get back in and serve and be the best Soldier he can be. He learned his lesson to the fullest and wants to be part of a family and fight for his country. There is nothing out here for him, except to get in trouble and he doesn't want any part of that. He wants to make his family proud and his country. 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: 090902 Discharge Received: Date: 090924 Chapter: 14-12b AR: 635-200 Reason: Pattern of Misconduct RE: SPD: JKA Unit/Location: 693rd Sapper Company, 7th Engineer Battalion, Fort Drum, NY Time Lost: None Article 15s (Charges/Dates/Punishment): 090708, having been restricted to the limits of the company area, broke restriction on (090622), forfeiture of $699.00 pay per month for two months, extra duty and restriction for 45 days and a oral reprimand (FG) 090616, disobeyed a lawful order from SGT, a noncommissioned officer on (090520), reduction to Private (E-1), forfeiture of $326.00 pay, suspended, to be automatically remitted if not vacated before (090914), extra duty for 14 days and a oral reprimand (CG) Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 18 Current ENL Date: 080710 Current ENL Term: 3 Years 16 weeks/The applicant required a medical waiver at the time of enlistment, which was approved on (071226) Current ENL Service: 1 Yrs, 2 Mos, 15 Days ????? Total Service: 1 Yrs, 2 Mos, 15 Days ????? Previous Discharges: None Highest Grade: E-2 Performance Ratings Available: Yes No MOS: 21B10 Combat Engineer GT: 91 EDU: HS Grad Overseas: None Combat: None Decorations/Awards: NDSM, ASR V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: None submitted by the applicant. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 1 September 2009, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12b, AR 635-200, by reason of a pattern of misconduct; in that he received a Company Grade Article 15 on (090616) for disobeying a lawful order from a noncommissioned officer, and on (090708) he received a Field Grade Article 15 for breaking restriction from his punishment imposed from a Company Grade Article 15, and he received numerous counselings for misconduct, with a general, under honorable conditions discharge. He was advised of his rights. On 1 September 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 service and waiver of further rehabilitative efforts. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. On 11 September 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, and the issue 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 analyst noted the applicant's issue that he joined the Army straight out of high school and at first he didn't want to join, but after a while, he got in and fell in love with it. He went in the Army like he didn't want to hear nothing from nobody and it took him getting kicked out to realize what he was doing was wrong. The analyst found that the applicant met entrance qualification standards to include age. The analyst further found no evidence that the applicant was any less mature than other soldiers of the same age who successfully completed military service. Further, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.” 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: 13 April 2011 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: DD Form 293 dated 25 June 2010. 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 XI. Certification Signature Board Vote: Approval Authority: Character - Change 0 No change 5 Reason - Change 0 No change 5 (Board member names available upon request) EDGAR J. YANGER Colonel, U.S. Army X. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: No Change RE Code: Grade Restoration: No Yes Grade: No Change 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 AR20100020276 ______________________________________________________________________________ Page 1 of 3 pages