Applicant Name: ????? Application Receipt Date: 2012/02/27 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, “I wish for the discharge to be changed so that I may reenlist. During my time in the military I was very immature and I have matured a great deal since then. I would like to serve my country to the fullest of my abilities. I currently have two jobs and go to school, l also have not been in trouble with the law. I know I will be a wonderful asset to the United States Army.” 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: 101213 Discharge Received: Date: 101217 Chapter: 13 AR: 635-200 Reason: Unsatisfactory Performance RE: SPD: JHJ Unit/Location: Bravo Battery, 3rd Battalion, 6th Air Defense Artillery Brigade, Fort Sill, Oklahoma Time Lost: None Article 15s (Charges/Dates/Punishment): 101108, having knowledge of a lawful order, failed to obey the same by wrongfully possessing his cell phone while in the dining facility (101102); without authority, failed to go at the time prescribed to his appointed place of duty, to wit: 1330, class, located at the GIF (101027); without authority, failed to go at the time prescribed to his appointed place of duty, to wit: 0600, PT Formation (101018); without authority, failed to go at the time prescribed to his appointed place of duty, to wit: 0745, weapons draw (100925); having knowledge of a lawful order failed to obey the same by wrongfully possessing his cell phone while in the training area (100914); reduction to E-1; forfeiture of $723 pay per month for 2 months; extra duty for 45 day; and restriction to the limits of the battery area, DFAC, medical and dental facilities, place of worship and duty for 45 days; (FG). Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 19 Current ENL Date: 100329 Current ENL Term: 3 Years 32 Weeks Current ENL Service: 0 Yrs, 8 Mos, 19 Days ????? Total Service: 0 Yrs, 8 Mos, 19 Days ????? Previous Discharges: None Highest Grade: E-2 Performance Ratings Available: Yes No MOS: None GT: 108 EDU: HS Grad Overseas: None Combat: None Decorations/Awards: None V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: The applicant contends he currently has two jobs, attends school, and has not been in trouble with the law. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 13 December 2010, 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 being caught sleeping while on duty on divers occasions (101029 – 101202), disobeying battery and battalion policies by having and using his cell phone in unauthorized areas, failing to report to his appointed places of duty on numerous occasions and being blatantly disrespectful, 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 Army and waiver of further rehabilitative efforts. The intermediate commander reviewed the proposed action and recommended approval of the separation with a general, under honorable conditions discharge. On 15 December 2010, the separation authority waived further rehabilitation and directed that the applicant be discharged with a general, under honorable conditions discharge. The applicant was not transferred to the U.S. Army Reserve Control Group. 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 the applicant’s entire military records the issues 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 his service was not consistent with the Army’s standards for acceptable personal conduct and performance of duty by military personnel. By the unsatisfactory performance, the applicant diminished the quality of service below that meriting a fully honorable characterization of service. The applicant contends that since leaving the Army, he has not been in trouble with the law and currently has two jobs and goes to school. The analyst acknowledges the applicant's successful transition to civilian life; 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. The analyst noted the applicant’s issue of youth and immaturity; however, there is no evidence that the applicant was any less mature than other Soldiers of the same age who successfully completed military service. At the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.” If reenlistment is desired, the applicant should contact the local recruiter to determine 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. Furthermore, notwithstanding the propriety of the applicant's discharge, the analyst found that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 24, character of service as uncharacterized, the analyst noted that the applicant was no longer in entry-level status (ELS) and the separation authority approved the applicant’s discharge as general, under honorable conditions. In view of the foregoing the analyst determined character of service is inequitable and recommends to the Board that block 24, be changed to read general, under honorable conditions as it was approved by the separation authority. However, the analyst determined the reason for discharge was proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 25 July 2012 Location: Washington, D. C. Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: None Exhibits Submitted: Online Application and a DD Form 214 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 reason for the discharge was both proper and equitable and voted to deny relief. Notwithstanding the propriety of the applicant's discharge, the Board determined that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 24, character of service as uncharacterized, and directs that block 24, be changed to read general, under honorable conditions as it was approved by the separation authority. IX. Board Decision Board Vote: Character - Change 5 No change 0 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: No Change Other: NA RE Code: Grade Restoration: No Yes Grade: NA XI. Certification Signature Approval Authority: ARCHIE L. DAVIS III 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 AR20120003948 ______________________________________________________________________________ Page 1 of 4 pages