Application Receipt Date: 061019 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: He states discharge was inequitable because of an incident which occured during his last 10 months in his second enlistment. It involved his spouse committing adultery. II. Were Proper Discharge and Separation Authority procedures followed? Yes No Tender Offer: See Attachments: Legal Medical Minority Opinion Exhibits III. Original Character of Discharge Unit CDR Recommended Discharge: Date: 961217 Discharge Received: Date: 970219 Chapter: 14-12c AR: 635-200 Reason: Misconduct RE: SPD: JKQ Unit/Location: Co A 1st BN, 32d INF, 10th Mountain Div, Ft. Drum, NY Time Lost: None Article 15s (Charges/Dates/Punishment): 950406, unlawfully striking a private, drunk and disordely conduct, and communicating a threat (950324), 14 days extra duty and restriction (CG). 950517, using marijuana (950228), reduction to E-1(suspended), forfeiture of $427 x 2, 45 days extra duty and restriction (FG). Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier's Overall Record DOB: 730324 Current ENL Date: 951108 Current ENL Term: 3 Years Current ENL Service: 1 Yrs, 03Mos, 11Days Total Service: 3 Yrs, 10Mos, 27Days Previous Discharges: RA 930323-951107/HD Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 11B10/Infantryman GT: 90 EDU: HS Grad Overseas: Haiti Combat: None Decorations/Awards: AAM-4, AGCM, NDSM, AFEM, HSM, ASR V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: None submitted VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that on 17 December 1996, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l4, AR 635-200, by reason of misconduct for receiving a Company Grade Art 15 on 6 April 1995 for unlawfully striking a private in the face; for receiving a Field Grade Art 15 on 17 May 1995 for using marijuana; for breaking a court ordered restrainment, disoderly conduct, and disobeying a lawful order (961116), and for assaulting his wife (961102) with a general discharge. He was advised of his rights. The applicant consulted with legal counsel, was advised of the impact of the discharge action, and did submit a statement in his own behalf. The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts. On 4 February 1997, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. The record contains an approved bar to reenlistment dated 12 November 1996. 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 during the period of enlistment under review, the issue and documents he submitted, the characterization of service is improper. The analyst noted that the government introduced misconduct from a prior period of honorable service into the discharge packet. Use of this information mandates award of a fully honorable characterization of service. Accordingly, the analyst recommends that the applicant's characterization of service be upgraded to fully honorable. However, the analyst found that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 071212 Location: Washington DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA VIII. Board Decision The discharge was: Proper Improper Equitable Inequitable The characterization of service was: Proper Improper Equitable Inequitable The narrative reasons were: Equitable Inequitable DRB voting record: Change 5 No change 0 - Character Change 0 No change 5 - Reason (Board member names available upon request) IX. Board Discussion, Determination, and Recommendation Case report reviewed and verified by: Timon M. Oujiri, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: Other: RE Code: Grade Restoration: No Yes Grade: XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: CHRISTINE U. MARTINSON DATE: Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060014805 Applicant Name: Mr. ______________________________________________________________________ Page 1 of 4 pages