Applicant Name: ????? Application Receipt Date: 2011/10/13 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant submitted no issues of equity or propriety for the board's consideration. 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: 110124 Discharge Received: Date: 110217 Chapter: 14-12b AR: 635-200 Reason: Pattern of Misconduct RE: SPD: JKA Unit/Location: ????? Time Lost: None Article 15s (Charges/Dates/Punishment): 101023, failed to go to his appointed place of duty (100706), disobeyed a lawful order from SGT, a noncommissioned officer (100823), disrespectful in deportment toward SSG, a noncommissioned officer (100823), reduction to Private (E-2), forfeiture of $378.00 pay, suspended, extra duty and restriction for 14 days (CG) 101104, disobeyed a lawful order from SFC, a noncommissioned officer (100921), reduction to Private (E-1), suspended, extra duty and restriction for 14 days (CG). Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 21 Current ENL Date: Reenl/090815 Current ENL Term: 5 Years ????? Current ENL Service: 1 Yrs, 6 Mos, 3 Days ????? Total Service: 3 Yrs, 1 Mos, 16 Days ????? Previous Discharges: USAR 071210-080101/NA RA 080102-090814/HD Highest Grade: E-3 Performance Ratings Available: Yes No MOS: 91B10 Wheeled Vehicle Mech GT: 117 EDU: GED Cert Overseas: Southwest Asia Combat: Iraq (081024-091013) Decorations/Awards: NDSM, GWOTSM, ICMw/CS, ASR, OSR, C/Ach 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 24 January 2011, 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 failed to report, failed to obey a noncommissioned officer x 4 and disrespecting a noncommissioned officer, with a general, under honorable conditions discharge. He was advised of his rights. On 13 January 2011, the applicant consulted with legal counsel, waived consideration of his case by an administrative separation board, 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. The separation authority document waiving further rehabilitative efforts and directing that the applicant be discharged with a characterization of service of general, under honorable conditions is not part of the available record and the analyst presumes government regularity in the discharge process. However, on 8 February 2011, Department of Army, Installation Management Command, Headquarters United States Army Garrison, Fort Carson, CO, issued Orders 039-0034, which discharged the applicant from the Regular Army with an effective date of: 17 February 2011. 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 that the applicant did not submitted an issues of equity or propriety for the board's consideration. 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: 2 May 2012 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: DD Form 293 dated 26 September 2011. 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: No Change RE Code: Grade Restoration: No Yes Grade: No Change XI. Certification Signature Approval Authority: EDGAR J. YANGER 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 AR20110020667 ______________________________________________________________________________ Page 1 of 3 pages