Applicant Name: ????? Application Receipt Date: 2011/10/26 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states: "while i was in korea i was achieving goals. i was an over achiever trying to get promoted. everything was great until a SGT W arrived. she said she was (old school) army. she was not a good leader. if you made one wrong move that was it. you would stay on her bad list forever. everyone makes mistakes but everyone i made i got an article 15. i believe i was a target. one of the rooms next to me was locked in our barracks. SGT W and 1SG G had me climb out the first floor window of my room which is strictly prohibited and climb into the locked rooms window. she could of had anyone else do it or even walk around the building to get access but she had me do it. 1SG G said, (your used to that anyway your the type of person to climb in and out of windows). at no time had i ever climbed out of any windows while i was in korea. once i got the target on my back there was nothing i could do. i was doomed to a discharge which is what i didnt want. i have always wanted to be a soldier. i would do anything to get back in." 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: 090923 Discharge Received: Date: 091114 Chapter: 14-12b AR: 635-200 Reason: Pattern of Misconduct RE: SPD: JKA Unit/Location: HHC, Special Troops Bn, 1st Bde, Camp Hovey, Korea Time Lost: None Article 15s (Charges/Dates/Punishment): 090625, stole an iPod of a value under $500 which was the property of another Soldier (090526), reduction to E-2, forfeiture of $400 for two months (suspended), 45 days of extra duty and restriction (FG) 090406, smoking in the barracks, 7 days of extra duty and restriction (Summarized, NIF) Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 18 Current ENL Date: 080703 Current ENL Term: 4 Years ????? Current ENL Service: 01 Yrs, 04 Mos, 12 Days ????? Total Service: 02 Yrs, 03 Mos, 23 Days ????? Previous Discharges: Service in the USAR: 11 months, 11 days reflected on the DD Form 214, contract is not in file Highest Grade: E-3 Performance Ratings Available: Yes No MOS: 92A10/Autom Log Spc GT: 94 EDU: HS Grad Overseas: Korea Combat: None Decorations/Awards: NDSM, GWOTSM, KDSM, ASR, OSR V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: None listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 23 September 2009, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, by reason of pattern of misconduct—for breaking restriction on several occasions, failing to report to his designated place of duty, providing false statements, and for committing larceny, with a general, under honorable conditions discharge. He was advised of his rights. The applicant’s election of rights is not contained in the record and the analyst presumed government regularity in the discharge process. On 19 October 2009, the separation authority waived further rehabilitation and directed the applicant’s discharge 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 which would merit an upgrade of the applicant's discharge. The applicant contends that he was unfairly discharged and done by the military. However, 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 repeated incidents of 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. Further, the analyst found no evidence of arbitrary or capricious actions by the command and was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Moreover, the analyst acknowledges the applicant's successful transition to civilian life and noted that he is now attending college. However, in review of the applicant’s entire service record, the analyst found that this accomplishment did not overcome the reason for discharge and characterization of service granted. The analyst noted the applicant's issue about his desire to enroll in college and obtain the benefits of the GI Bill. However, 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. Finally, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.” If he would like to reenlist, he should contact the local recruiter to determine his 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. 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: 27 April 2012 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: DD Form 293 and a self-authored statement. 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 AR20110021684 ______________________________________________________________________________ Page 1 of 3 pages