Applicant Name: ????? Application Receipt Date: 2010/10/26 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that he wants an upgrade so that he can go to school and continue his education. He did 2 tours in Iraq and paid into his GI Bill, so he thinks he should be able to get it so that he can go to school. He wants to go part time, but with working fulltime, he would have to cut back on his hours at work and that means less money. He can't pay the bills and go to school without his GI Bill and support his family. He wants to finish school and it is very important to him. 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: 090605 Discharge Received: Date: 090716 Chapter: 13 AR: 635-200 Reason: Unsatisfactory performance RE: SPD: JHJ Unit/Location: Alpha Company, 1st Battalion, 15th Infantry Regiment, 3rd Brigade Combat Team, 3rd Infantry Division, Fort Benning, GA Time Lost: AWOL x 2 from (090121-090126) for 6 days, and AWOL from (090127-090202) for 6 days. The applicant returned to his unit after each period of AWOL. Total time lost was 12 days. Article 15s (Charges/Dates/Punishment): 090310, AWOL, (090121-090126), and AWOL (090127-090202), reduction to Specialist (E-4), forfeiture of $1167.00 pay per month for 2 months, extra duty and restriction for 45 days (FG) Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 19 Current ENL Date: 070618 Current ENL Term: 4 Years ????? Current ENL Service: 2 Yrs, 0 Mos, 29 Days ????? Total Service: 5 Yrs, 3 Mos, 19 Days ????? Previous Discharges: RA 040316-070617/HD Highest Grade: E-5 Performance Ratings Available: Yes No MOS: 11B10 Infantryman GT: 98 EDU: HS Grad Overseas: Southwest Asia Combat: Iraq x 2 (070310-080512), (050115-060119) Decorations/Awards: ARCOMw/V device, ARCOM, GCMDL, NDSM, GWOTEM, GWOTSM, ICMDLw/2 CS, VUA (2), NCOPDR, ASR, OSR (2), CIB 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 5 June 2009, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 13, AR 635-200, by reason of unsatisfactory performance for AWOL x 2 from (090121-090126) and AWOL from (090127-090202) with a general, under honorable conditions discharge. He was advised of his rights. On 12 June 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 Army and waiver of further rehabilitative efforts. The intermediate commander reviewed the proposed action and recommended approval with a general, under honorable conditions discharge. The separation authority waived further rehabilitation and directed that the applicant be discharged with a general, under honorable conditions discharge. The applicant was not transferred to the U.S. Army Reserve Control Group. b. Legal Basis for Separation: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this Chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory Soldier. Army policy states that a general, under honorable conditions discharge is normally considered appropriate, however, a fully honorable discharge may be granted in meritorious cases. 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. There was a full consideration of all faithful and honorable service as well as the incidents of unsatisfactory performance. 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 unsatisfactory performance, the applicant diminished the quality of his service below that meriting a fully honorable characterization of service. The analyst noted the applicant's issue that he did 2 tours in Iraq and paid into his GI Bill and thinks he should be able to get it so that he can go to school. The analyst considered the applicant’s quality of service during the initial portion of the enlistment under review. However, this service was determined not to be sufficiently meritorious to warrant an upgrade to the characterization of discharge. Further, 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. Additionally, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities. 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: 27 June 2011 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: DD Form 293 dated 22 September 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 AR20100026768 ______________________________________________________________________________ Page 1 of 3 pages