Applicant Name: ????? Application Receipt Date: 2011/02/08 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that he believes he should have received an honorable discharge due to the fact that the incident in which he was discharged for was an injustice. He can provide sworn statements regarding his discharge if needed and would also like to utilize his educational benefits which he earned and paid for while on active duty. 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: 061215 Discharge Received: Date: 070302 Chapter: 14-12c AR: 635-200 Reason: Misconduct (Serious Offense) RE: SPD: JKQ Unit/Location: B Battery, 2nd Battalion, 319th Airborne Field Artillery Regiment, 2nd Brigade Combat Team, 82nd Airborne Division, Fort Bragg, NC Time Lost: None Article 15s (Charges/Dates/Punishment): 060927, derelict in the performance of his duties, in that he negligently failed to separate a PFC and a PV2, as it was his duty to do (060904), violated a lawful general regulation by wrongfully having a relationship between different ranks that created an adverse impact on discipline (060904), reduction to the grade of Specialist (E-4), forfeiture of $967.00 pay for two months, suspended, to be automatically remitted if not vacated before (061127), and extra duty for 30 days(FG). Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 23 Current ENL Date: 030916 Current ENL Term: 3 Years ????? Current ENL Service: 3 Yrs, 5 Mos, 7 Days The applicant was retained in the service for 138 days for the convenience of the government per AR 635-200. Total Service: 3 Yrs, 5 Mos, 7 Days ????? Previous Discharges: None Highest Grade: E-5 Performance Ratings Available: Yes No MOS: 13B1P Cannon Crewmember GT: 94 EDU: HS Grad Overseas: Southwest Asia Combat: Iraq (041208-050401) Decorations/Awards: ARCOM, AAM (2), NDSM, GWOTSM, ICM 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 5 December 2006, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12c, AR 635-200, by reason of misconduct-commission of a serious offense; in that he was derelict in the performance of his duties as a Noncommissioned officer and engaged in a relationship with a soldier of a different rank, which created an adverse impact on discipline, 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 service and waiver of further rehabilitative efforts. The evidence of record further shows that the unit commander retracted his recommendation for separation with a general discharge and submitted a memorandum recommending that the applicant be retained on active duty. The intermediate commander reviewed the proposed discharge action and recommended approval; that the applicant be retained on active duty. 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, the issue and document 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 the applicant's issue that he should have received an honorable discharge due to the fact that the incident in which he was discharged for was an injustice. The analyst considered the applicant’s quality of service during the initial portion of the enlistment under review. However, this service was determined not to be sufficiently meritorious to warrant an upgrade to the characterization of discharge. Further, the analyst found no evidence of arbitrary or capricious actions by the command. The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The applicant further contends that he would like to utilize his educational benefits which he earned and paid into while on active duty. 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 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: 7 September 2011 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: DD Form 293 dated 28 January 2010, and a Character Reference Letter dated 15 November 2010. 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: No Change RE Code: Grade Restoration: No Yes Grade: No Change 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 AR20110002721 ______________________________________________________________________________ Page 1 of 3 pages