Applicant Name: ????? Application Receipt Date: 2011/10/31 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, he would like to rejoin the Army and he is interested in going to school. Due to his discharge status he is unable to get a grant or good employment. He apologizes for what happened and never meant to disrespect the Army or its standards. He has 3 children who he can barely look at because he thinks how life would've been if he had just stayed in the Army. He lost his paperwork in a fire; however, he assures the board that he has not been in any trouble. He is asking for a second chance. 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: 080222 Discharge Received: Date: 080321 Chapter: 14-12c AR: 635-200 Reason: Misconduct (Serious Offense) RE: SPD: JKQ Unit/Location: Headquarters and Headquarters Company, 7th Battalion, 101st Aviation Regiment, Fort Campbell, Kentucky Time Lost: None Article 15s (Charges/Dates/Punishment): None Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 18 Current ENL Date: 061109 Current ENL Term: 3 Years 2 Months Current ENL Service: 1 Yrs, 4 Mos, 13 Days ????? Total Service: 2 Yrs, 5 Mos, 29 Days ????? Previous Discharges: ARNG 050923 - 051011/NA RA 051012 - 060324/HD ARNG 060325 - 061108/HD Highest Grade: E-3 Performance Ratings Available: Yes No MOS: 74D10 Chemical Operations Specialist GT: 94 EDU: HS Grad Overseas: None Combat: None Decorations/Awards: NDSM, GWOTSM, ASR V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: None VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 22 February 2008, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, Section III, paragraph 14-12c, AR 635-200, by reason of misconduct, commission of a serious offense, for robbing an ABC cab driver and burglarizing a Motor Home Park in Oak Grove, Kentucky, with a general, under honorable conditions discharge. He was advised of his rights. The applicant's election of rights is not contained in the available record and the analyst presumed government regularity in the discharge process. 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 6 March 2008, the separation authority waived further rehabilitative efforts and directed the applicant's discharge with a characterization of service of general, under honorable conditions. The record contains a Commonwealth of Kentucky Uniform Citation #0240500. 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 carefully examining the applicant’s record of service during the period of enlistment under review the issues and documents he submitted, the analyst determined that the discharge was both proper and equitable. There was a full consideration of all faithful and honorable service as well as the infraction of discipline, the extent thereof, and the seriousness of the offense. 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 his 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 issues about his desire to rejoin the Service, to have better job opportunities and the benefits of the GI Bill. However, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities. Furthermore, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.” If reenlistment is desired, the applicant should contact the local recruiter to determine 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 if appropriate. Additionally, 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: 4 May 2012 Location: Washington, D. C. Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: None Exhibits Submitted: DD Form 293 with a self-authored statement, orders 081-0602, orders 07-0604, ERB and a DD Form 214 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: NA RE Code: Grade Restoration: No Yes Grade: NA 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 AR20110021884 ______________________________________________________________________________ Page 3 of 3 pages