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Decision Text

AF | DRB | CY2006 | AR20060015407
Original file (AR20060015407.txt) Auto-classification: Denied
Application Receipt Date: 2006/10/31	

Prior Review    Prior Review Date: None

I.  Applicant Request
Request:  Upgrade     Reason Change     RE Code Change    

Issues: See attached DD Form 293 with attached letters.  

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: 05/02/28
Discharge Received:     Date: 05/03/11   
Chapter: 14 Para 14-12B    AR: 635-200
Reason: Misconduct
RE:     SPD: JKA
Unit/Location: Headquarters and Headquarters Company 1st Brigade, 1st Armored Division APO AE 09074 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 04/03/30, on or about 11 March, 13 March and 14 March near Baghdad Iraq failed to go at the time prescribed to your appointed place of duty, to wit: 0800 in First Sergeant's office; on or about 2 June 2003, were derelict in the performance of those duties in that you willingly failed to maintain accountability for your ammo, as it was your duty to do.  Reduction to E-2, suspended, to be automatically remitted if not vacated before 29 June 2004; Forfeiture of $312.00, suspended, to be automatically remitted if not vacated before 28 June 2004; extra duty for 14 days; restriction for 14 days.  (Company Grade).

04/10/19, on or about 15 September 2004, at or near Friedberg Germany, assaulted two noncommissioned officers, then known to you to be noncommissioned officers whom were in the execution of their office, by attacking them.  On or about 15 September 2004, at or near Friedberg Germany, drunk and disorderly conduct was of a nature to bring discredit upon the armed forces.  Reduction to E-2, extra duty for 14 days. (Company Grade).  

Court-Martials (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier's Overall Record
DOB: 
Current ENL Date: 02/08/22    Current ENL Term: 4 Years       
Current ENL Service: 02 Yrs, 06Mos, 12Days      
Total Service:  02 Yrs, 06Mos, 12Days      
Previous Discharges: None
Highest Grade: E-3
Performance Ratings Available: Yes    No 
MOS: 96B10 Intelligence Analyst   GT: 120   EDU: GED Cert   Overseas: Germany, Iraq   Combat: Iraq (20030511 to 20040717)
Decorations/Awards: ARCOM, PUC, NDSM, GWOTSM, GWOTM, ASR, OSR
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: None Listed.

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on  28 February 2005, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct-on 30 March 04 the applicant received an Article 15 for failing to report to duty three times and dereliction of duty for losing a thirty round magazine, and on 10 Oct 04 the applicant received another Article 15 for being drunk and disorderly and assaulting two noncommissioned officers, with a general under honorable conditions discharge.  He was advised of his rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in his own behalf.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general discharge.  On 5 March 2005, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged 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 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, 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.  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: 071205              
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 2    No change 3   - Character
		 			      Change 0    No change 5   - 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 and considering the analyst's recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted to deny relief.  

Case report reviewed and verified by: , Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: NA
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: 


CHRISTINE U. MARTINSON			DATE: 071207
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

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