Application Receipt Date: 061031 Prior Review Prior Review Date: 070216 I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 and attached documents. 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: 031209 Discharge Received: Date: 040211 Chapter: 14 AR: 635-200 Reason: Misconduct RE: SPD: JKK Unit/Location: B Company, 1st Battalion, 36th Infantry Regiment, APO, AE 09324 Time Lost: None Article 15s (Charges/Dates/Punishment): None 031126, Letter of reprimand-for abusing detainees and dereliction of duty in a time of war (Administrative). Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 801119 Current ENL Date: 011002 Current ENL Term: 3 Years ????? Current ENL Service: 02 Yrs, 04 Mos, 10 Days ????? Total Service: 02 Yrs, 04 Mos, 10 Days ????? Previous Discharges: None Highest Grade: E3 Performance Ratings Available: Yes No MOS: 11B10 Infantryman GT: 110 EDU: GED Overseas: Germany/Southwest Asia Combat: Iraq (030511-040130) Decorations/Awards: NDSM, ASR, OSR, CIB V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: A supporting memoramdum states that the applicant has worked as a fueler for Great Lakes Airlines since 20 May 2004. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that on 9 December 2003, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—commission of a serious offense (A CID investigation revealed that on 12 June 2003, you participated in the wrongful physical abuse of civilian detainees, and failed to stop other members of your squad from doing the same), with an under other than honorable conditions discharge. He was advised of his rights. The applicant waived legal counsel and consideration of his case by an administrative separation board, waived his right to submit a conditional waiver, and did not submit a statement in his own behalf. The unit commander subsequently recommended separation from the service with an under other than honorable conditions discharge and waiver of further rehabilitative efforts. The intermediate commanders reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge. On 8 January 2004, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than honorable conditions. The applicant was to be reduced to the lowest enlisted rank. The applicant had CID Reports Of Investigations dated 29 June 2003 and 21 August 2003, in his Official Military Personnel File (OMPF). 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 additional documents he submited, the analyst found no mitigating factors that 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 his misconduct, the applicant diminished the quality of his service below that meriting a fully honorable or general 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 analyst found no evidence of arbitrary or capricious actions by the command. Therefore, the reason for discharge and the characterization of service remains both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 14 February 2007 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: N/A Witnesses/Observers: N/A Exhibits Submitted: N/A 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 No change (Character) Change No change (Reason) (Board member names available upon request) IX. Board Discussion, Determination, and Recommendation After carefully examining the applicant’s record of service during the period of enlistment under review, the additional documents he submitted, and considering the analyst’s recommendation and rationale, the Board determined that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief. Case report reviewed and verified by: Mr. Kenneth McFarley, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: None Other: NA RE Code: Grade Restoration: No Yes Grade: None XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 11 May 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20070005561 Applicant Name: Mr. ______________________________________________________________________ Page 6 of 6 pages