Applicant Name: ????? Application Receipt Date: 2012/01/05 Prior Review: Prior Review Date: 2011/11/30 I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, "On September 27, 2007 I was wrongfully accused of sexual assault at Fort Leavenworth. After six months of investigation I was finally cleared of these charges. During this time, as an E4, I spent nearly $5000 attempting to clear my name. There was no physical evidence and I also passed a polygraph. During the investigation I received to lawful orders, not to consume alcohol and not to have contact with the other two Soldiers under investigation. I violated these orders and received a Field Grade Article 15. I deserved this punishment and accepted all monetary forfeitures and demotion to E1 willingly. I was separated from the Army with 52 days left until terminal leave. I also received an Article 15 for underage drinking, which I received NJP for. An Article 15 that was dropped was also used in error. During the time I was enlisted I was enrolled in college the entire time, earning Dean's list honors every semester even during the investigation. I also completed over 1000 hours of correspondence courses. I was also 31E MOS, Corrections Officer, and received the coveted ACA certification. I also, on my own, earned nonlethal weapons certifications and was a member in good standing of the Military Police Regimental Association. At the time myself and the Battalion CSM were the only ones who had the ACA accreditation. I also received my Good Conduct Medal in July of 2007. I received nothing but positive counseling's until the incident. After I was falsely accused my name on the small base was ruined and I had no chance to come back from it. I had volunteered for every deployment and transfer available to no avail. At time I had a problem with alcohol and had self referred myself to the Substance Abuse Program on base to try and control this issue. I was separated from the military after the accusers false claims and my misconduct resulted in my demotion. I believe I deserved the demotion, but did everything I could to prove my innocence successfully. I respectfully ask for the discharge upgrade to reflect the time I was in the military and not be overshadowed by these minor events.” 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: 080221 Discharge Received: Date: 080321 Chapter: 14-12b AR: 635-200 Reason: Pattern of Misconduct RE: SPD: JKA Unit/Location: 256th MP Company, Fort Leavenworth, KS Time Lost: None Article 15s (Charges/Dates/Punishment): 080219, willfully disobeyed a superior commissioned officer on two occasions, made a false official statement, and committed an indecent act involving group sexual activity; reduction to E-1 and an oral reprimand, (FG). The Article 15 is NIF; however, see the unit commander's recommendation memorandum. 060721, wrongfully and knowingly urinating on Hoge Barracks and underage drinking; reduction to E-1, forfeiture of $636 pay x 2 months, forfeiture in excess of $318 pay (suspended), extra duty for 45 days and restriction for 45 days, (FG). The Article 15 is NIF; however, it is noted in the unit commander's recommendation memorandum. 060210, unlawfully assaulted PVT L with a closed fist (051108); no punishment given, (CG). Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 19 Current ENL Date: 040706 Current ENL Term: 4 Years ????? Current ENL Service: 3 Yrs, 8 Mos, 16 Days ????? Total Service: 3 Yrs, 8 Mos, 16 Days ????? Previous Discharges: None Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 31E10 Corrections Specialist GT: 121 EDU: Associate Degree Overseas: None Combat: None Decorations/Awards: AGCM, NDSM, GWOTSM, ASR V. Post-Discharge Activity City, State: Coolidge, AZ Post Service Accomplishments: None VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 21 February 2008, 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 wrongfully committing an indecent act with three other individuals (070928); and willfully disobeying a no alcohol order and a no contact order given by his company commander (080108), with a general, under honorable conditions discharge. He was advised of his rights. On 4 March 2008, the applicant consulted with legal counsel, was advised of the impact of the discharge action, waived consideration of his case by an administrative separation board (not entitled), and submitted a statement in his own behalf. The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts. The intermediate and senior intermediate commanders reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. On 13 March 2008, 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 during the period of enlistment under review, the issues and documents submitted with the application, 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 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. The applicant contends that his discharge should be upgraded to reflect his time in the military and not be over shadowed by minor events; however, the analyst concluded that the applicant committed many discrediting offenses documented under Article 15 of the Uniformed Code of Military Justice, which constituted a departure from the standards of conduct expected of Soldiers in the Army. Having examined all the circumstances, the analyst determined that the applicant’s numerous incidents of misconduct adversely affected the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline. These incidents of misconduct clearly diminished the quality of the applicant’s service below that meriting a fully honorable discharge Therefore, 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: 6 February 2012 Location: Dallas, TX Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: None Exhibits Submitted: DD Form 293, record OMPF documents and selected documents from the discharge packett, 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, hearing his testimony 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: No Change 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 AR20120000444 ______________________________________________________________________________ Page 1 of 4 pages