Application Receipt Date: 061116	

Prior Review    Prior Review Date: None

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

Issues: See enclosed DD Form 293 and attached documents submitted by the applicant.

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: 060724
Discharge Received:     Date: 060930   
Chapter: 14-12c    AR: 635-200
Reason: Misconduct, Serious Offense
RE:     SPD: JKQ
Unit/Location: Troop C, 1-113th Cavalry (FWD), Camp Ashraf, Iraq, APO AE 

Time Lost: The unit commander indicates in his memorandum to the chain of command, dated 29 June 2006, that the applicant was absent without authority (060316-060622); however, it appears the applicant was attached to USAG, Fort Riley, KS, effective 16 March 2006 until on or about 22 June 2006. 

Article 15s (Charges/Dates/Punishment): 051222, negligently failed to secure his M16/203 (051217), reduction to E-3, 14 days extra duty, and verbal admonition (CG).

060628, missed movement (060415), failure to obey a lawful order (060213), feigned or exacerbated a mental illness in order to avoid service in a hostile fire zone (060101-060430); reduction to E-1, forfeiture of $637 x 2 (FG). 

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

Counseling Records Available: Yes    No 

IV.  Soldier's Overall Record
DOB:  830226  
Current ENL Date: 050724    Current ENL Term:    Years  560 days
Current ENL Service: 1 Yrs, 2Mos, 7Days Item 12c on the applicant's DD Form 214, net active service this period, is incorrect; it should read 1 yr, 2 mos, 7 days.
Total Service:  5 Yrs, 6Mos, 19Days      
Previous Discharges: ARNG 010312-010526/NA
                                      ADT 010527-010915/UNC
                                      ARNG 010916-050723/NA
                                      (Concurrent Service)
Highest Grade: E-4
Performance Ratings Available: Yes    No 
MOS: 42L10/Admin Spec   GT: 123   EDU: HS Grad   Overseas: SWA   Combat: Iraq (051030-060901)
Decorations/Awards: NDSM, GWOTSM, ICM, ASR, OSR, AFRM w/ M device
V.  Post-Discharge Activity
Home of Record:
Current Address: 
Post Service Accomplishments: Applicant states he has completed his BA degree; his diploma from the University of Northern Iowa is enclosed.

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
           Evidence of record shows that on 24 July 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-for missing movement (060415), failure to obey a lawful order for purpose of avoiding service (060101), failure to secure his assigned weapon (051217), and failure to obey orders while on guard duty, 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, under honorable conditions discharge.  The applicant's record does not contain the separation authority's discharge directive memorandum; however, the record contains a properly constituted DD Form 214 (Certificate of  Release or Discharge from Active Duty) that indicates the applicant was 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.  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 that even though the events occurred over a short period of time, the discrediting entries constituted a departure from the standards of conduct expected of soldiers in the Army.  The evidence of record shows that the command attempted to assist the applicant in performing and conducting himself to Army standards by providing counseling and by the imposition of non-judicial punishment.  The applicant failed to respond appropriately to these efforts.  The analyst found no evidence of arbitrary or capricious actions by the command; and having examined all the circumstances determined that the applicant's misconduct did indeed adversely affect the quality of service, brings discredit on the Army, and was prejudicial to good order and discipline.  The 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:                    
Location: Washington, D.C.

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          No change         - Character
		 			      Change          No change         - Reason
					      (Board member names available upon request)

IX.  Board Discussion, Determination, and Recommendation
     

Case report reviewed and verified by: Esmeralda Proctor, 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 AR20060016057

Applicant Name:  Mr.          
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