Applicant Name: ????? Application Receipt Date: 2011/11/14 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states: "My discharge rating is inequitable because it was caused by academic performance that would have been resolved with improved support. More specifically, the only course exam I failed was “maps and grids”. I was only allowed two attempts in two days with aproximately two hours to study in the middle of a hectic training schedule. Regrettably, I was among the few that had difficulties learning and testing for that course. As a testament to my academic performance and determination since my 04 discharge I have so far completed over four (4) years in the U.S. Army Reserves, as well as passed the promotion board for Sgt. I am currently pursuing a career in Law enforcement and related fields. An honorable discharge would be helpful especially in today’s job market. I look forward to continued service to my county and community. Your time and consideration in this matter is greatly appreciated." 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: 041101 Discharge Received: Date: 041118 Chapter: 13 AR: 635-200 Reason: Unsatisfactory Performance RE: SPD: JHJ Unit/Location: F Co, 82d CM Bn, Fort Leonard Wood, MO 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: 041118 Current ENL Term: 06 Years ????? Current ENL Service: 01 Yrs, 00 Mos, 06 Days ????? Total Service: 01 Yrs, 00 Mos, 06 Days ????? Previous Discharges: None Highest Grade: E3 Performance Ratings Available: Yes No MOS: None GT: 99 EDU: HS Grad Overseas: None Combat: None Decorations/Awards: None V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: The applicant states: "Since my 04 discharge I have so far completed over four (4) years in the U.S. Army Reserves, as well as passed the promotion board for Sgt. I am currently pursuing a career in Law enforcement and related fields." VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 1 November 2004, 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 failing four consecutive map reading examinations which was a requirement for graduation, with a general, under honorable conditions discharge. He was advised of his rights. On 1 November 2004, the applicant waived his right to consult with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an administrative separation Board (which he was not entitled too), 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. On 15 November 2004, the separation authority waived further rehabilitation and directed that the applicant be discharged with a general, under honorable conditions discharge. 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 during the period of enlistment under review, 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. 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 the service was not consistent with the Army’s standards for acceptable personal conduct and performance of duty by military personnel. By the unsatisfactory performance (i.e. failed four consecutive map reading examinations which were a requirement for graduation, the applicant diminished the quality of service below that meriting a fully honorable characterization of service. The analyst acknowledges the applicant's successful transition to civilian life and noted the many accomplishments outlined with the application and in the document with the application. However, in review of the applicant’s entire service record, the analyst found that these accomplishments did not overcome the reason for discharge and characterization of service granted. Further, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities. In view of the foregoing, 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: 9 May 2012 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: DD Form 293, Service School Academic Evaluation Report (Post Service), 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: 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 AR20110022632 ______________________________________________________________________________ Page 3 of 3 pages