Applicant Name: ????? Application Receipt Date: 2009/01/13 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, "When all the infractions happened I was just returning from a 15 month tour in Iraq and was dealing with some family problems and with PTSD. This is no excuse as to why I did what I did, but I strongly believe that it is the reason that I was messing up at work and in my private life. I believe that I have grown and changed because of the mistakes that I made. There is noone else at fault for what I did. I am trying to make a better life for myself and do not want the mistakes that I made to hinder me on my chance to make a better life for myself. I want to get a good job and support a family and I want to be able to use my time in the military as a pro not a con." 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: Undated Discharge Received: Date: 080804 Chapter: 14-12b AR: 635-200 Reason: Pattern of Misconduct RE: SPD: JKA Unit/Location: HHC, III Corps, Ft Hood, TX Time Lost: None Article 15s (Charges/Dates/Punishment): 080521, without authority, fail to go at the time prescribed to your appointed place of duty x7, (080416, 080417, 080421, 080429, 080430, 080501, 080515), willfully disobey a lawful order from a senior NCO (080422) and fail to obey a lawful general regulation (080429); forfeiture of $673 pay per month for 2 months, suspended, to be automatically remitted on 080721 if not vacated sooner, extra duty and restriction 45 days (FG). 080627, vacation of suspension for without authority, fail to go at the time prescribed to your appointed place duty x2 (080619 and 080624); forfeiture of $673 pay for two months. Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 19 Current ENL Date: 060314 Current ENL Term: 4 Years 17 weeks Current ENL Service: 2 Yrs, 04Mos, 21Days ????? Total Service: 2 Yrs, 04Mos, 21Days ????? Previous Discharges: None Highest Grade: E1 Performance Ratings Available: Yes No MOS: 13F10/ Fire Support Specialist GT: 100 EDU: HS Grad Overseas: SWA Combat: Iraq (061128-080220) Decorations/Awards: JMUA, NDSM, GWOTSM, ICM-CS, ASR, OSR V. Post-Discharge Activity City, State: Granite City, IL 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 16 July 2008, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 12b, AR 635-200, by reason of pattern of misconduct for receiving an Article 15 on 080520 for seven violations of Article 86 and one incident of Article 92, with suspended punishment, and on 080627 a vacation of suspension was conducted for another violation of Article 86 and his potential for advancement was unlikely, with a general, under honorable conditions discharge. He was advised of his rights. 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 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. On 28 July 2008, 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 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 that would merit an upgrade of the applicant's discharge. The applicant’s discharge was appropriate because the quality of the former Soldier’s 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 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. Furthermore, the file was void of any evidence of PTSD or injuries sustained by the applicant while in Iraq and the applicant did not provide any corroborating evidence of the aforementioned medical issues. The analyst noted that the applicant met entrance qualification standards to include age. There is no evidence that the applicant was any less mature than other Soldiers of the same age who successfully completed military service. The analyst noted the applicant's issue; however, 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: 18 December 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: No Change Other: NA RE Code: Grade Restoration: No Yes Grade: NA ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20090017864 ______________________________________________________________________________ Page 1 of 3 pages