Applicant Name: ????? Application Receipt Date: 2008/03/14 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: See enclosed DD Form 293 and attached document (1) submitted by the applicant. 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: 060405 Discharge Received: Date: 060420 Chapter: 14, Para 12c AR: 635-200 Reason: Misconduct (Serious Offense) RE: SPD: JKQ Unit/Location: HQ & HQ Company, 10th Combat Aviation Brigade (Rear) (Provisional) (Non-Deployable), 10th Mountain Division (Light), Fort Drum, NY 13602 Time Lost: None Article 15s (Charges/Dates/Punishment): 060310, Unlawfully grab a female by the throat on or about (051207), the evidence of record shows that no punishment was imposed (FG). Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 18 Current ENL Date: 021112 Current ENL Term: 6 Years ????? Current ENL Service: 3 Yrs, 5 Mos, 9 Days ????? Total Service: 3 Yrs, 5 Mos, 9 Days ????? Previous Discharges: None Highest Grade: E-3 Performance Ratings Available: Yes No MOS: 15J10 OH-58D ARM/EL/AV Repairer GT: 124 EDU: HS Grad Overseas: Southwest Asia Combat: Saudi (040519-040609) Decorations/Awards: NDSM, GWOTSM, ASR V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: See DD Form 293 and attached document submitted by the applicant VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that on 5 April 2006, 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 in that he was arrested by the military and civilian police for assaulting his spouse and child, and punished for assaulting his child; being physically and verbally aggressive in the work place, consistently disobeying orders from noncommissioned officers, and disrespecting persons in authority, late for formations, underage drinking, writing bad checks, and failing to keep his room in the barracks clean, with a general, under honorable conditions discharge. He was advised of his rights. The applicant was afforded the opportunity to consult with legal counsel and declined the opportunity, and did not submit a statement in his own behalf. The chain of commands recommendation for separation is not part of the available record and the analyst presumed Government regularity in the discharge process. On 10 April 2006, 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 a CID Report of Investigation dated 9 January 2006, and a Military Police Report dated 7 December 2005. 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, document and the issue he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. 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 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 noted the applicant's issue and acknowledges the applicant's successful transition to civilian life and the many accomplishments outlined in his application and the document with his application. 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. Inview of the foregoing, 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 January 2009 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA 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: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20080004072 ______________________________________________________________________________ Page 2 of 3 pages