Applicant Name: ????? Application Receipt Date: 080317 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 submitted by the applicant. 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: 061213 Discharge Received: Date: 070320 Chapter: 14-12B AR: 635-200 Reason: Pattern of Misconduct RE: SPD: JKA Unit/Location: A Co., 864th EN BN, Fort Lewis, WA Time Lost: Confinement for 21 days. Article 15s (Charges/Dates/Punishment): 061121, for two violations of a lawful general regulation by using a Government charge card to pay for personal expenses (060816 & 060927), and failure to go to appointed place of duty x3 (061017, 061024, and 061106), reduction to E1, forfeiture of $636.00 for two months (suspended), and extra duty for 45 days (FG). 050307, for failure to go to appointed place of duty (050125), and disobeying a lawful order from a senior noncommissioned officer (050412), reduction to E3 (suspended), forfeiture $1151.00 for one month, and confinement for 21 days (CG). 050424, suspended sentence of reduction to E3 was vacated for disobeying a lawful order from an NCO. Courts-Martial (Charges/Dates/Punishment): 040709, SCM, for wrongfully attempting to ship out of the USCENTCOM AOR an AK-47 rifle and a Sarnozariadnyia Karabina Simonova (SKS) rifle for personal retention (040117),forfeiture of $1151 for one month, and confinement for 21 days. Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 22 Current ENL Date: 030927 Current ENL Term: 04 Years ????? Current ENL Service: 03 Yrs, 05Mos, 23Days ????? Total Service: 05 Yrs, 10Mos, 20Days ????? Previous Discharges: NGR-990716-010411/HD IADT-991101-000322/UNC RA-010412-030926/HD Highest Grade: E4 Performance Ratings Available: Yes No MOS: 21E Hvy Const Equip Oper GT: 107 EDU: GED Overseas: SWA Combat: Iraq (030318-040219), Afghanistan (050319-060328) Decorations/Awards: NDSM, ACM, GWOTSM, ICM, ASR, OSR x2. V. Post-Discharge Activity City, State: Snowflake, AZ Post Service Accomplishments: Not Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that on 13 December 2006, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of pattern of misconduct—for disobeying an order from a senior noncommissioned officer, wrongfully using Government charge card to pay for personal expenses, and failing to go to his appointed place of duty x 21 (040914, 041001, 041005, 041018, 061024, 041106, 041129, 041201, 041203, 041208, 041216, 050125, 060116, 060510, 060515, 060719, 060721, 060808, 060928, 061017, and 061122), with a general, under honorable discharge. He was advised of his rights. The applicant consulted with legal counsel, was advised of the impact of the discharge action, waived his right to an Administrative Separation Board conditionally upon receiving a discharge no less favorable than general, under honorable conditions, 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 discharge. On 23 January 2007, 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 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, but a general discharge 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 he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. 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. 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: 16 January 2009 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA 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: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20080004270 ______________________________________________________________________________ Page 1 of 3 pages