Application Receipt Date: 061116	

Prior Review    Prior Review Date: None

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

Issues: See 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: 010719
Discharge Received:     Date: 011004   
Chapter: 14-12c    AR: 635-200
Reason: Misconduct
RE:     SPD: JKQ
Unit/Location: HHD, 1-14 Aviation Regiment, Fort Rucker, AL 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 010726, maltreatment of a female subordinate soldier by making repeated offensive comments or gestures of a sexual nature (010201-010412), indecent exposure (010201-010412), indecent language x 2 (010322 and 010322), solicit another to commit adultery (010201).  Reduction to E-5, (FG).


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

Counseling Records Available: Yes    No 

IV.  Soldier's Overall Record
DOB:  660831  
Current ENL Date: 990409    Current ENL Term: 5 Years       
Current ENL Service: 02 Yrs, 05Mos, 26Days      
Total Service:  16 Yrs, 08Mos, 28Days      
Previous Discharges: RA 850107-880526/HD
                                       RA 880527-931207/HD
                                       RA 931208-970827/HD
                                       RA 970828-990408/HD
Highest Grade: E-6
Performance Ratings Available: Yes    No 
MOS: 93P30/Aviation Operations NCO   GT: 120   EDU: HS Grad   Overseas: Korea, SWA   Combat: SWA (dates NIF)
Decorations/Awards: ARCOM-5, AAM-6, ASUA, GCM-5, NDSM, SWA-2BSS, KLM
V.  Post-Discharge Activity
Home of Record:
Current Address: 
Post Service Accomplishments: Non listed

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 19 July 2001, 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 violations of the Uniform Code of Military Justice, specifically cruelty and maltreatment, indecent exposure, indecent language, and for soliciting another to commit an offense, 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, unconditionally waived his right to an administrative separation board, and submitted a statement in his own behalf.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  On 17 September 2001, the battalion commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.  On 19 September 2001, the brigade commander reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge.  On 27 September 2001, 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.  He was to be reduced to the grade of E-1.
      
      The record contains a CID Report dated 12 June 2001 and an MP Report dated 13 April 2001.
      
      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 several mitigating factors that would merit an upgrade of the characterization of service to general, under honorable conditions.  This recommendation was made after full consideration of his faithful and honorable service, as well as his record of misconduct.  While the applicant's misconduct is not condoned, the evidence in this case supports a conclusion that the characterization of service was too harsh, and as a result it is inequitable.  The analyst determined that the overall length and quality of the applicant's service to include his combat service and the circumstances surrounding his discharge mitigated the discrediting entries in his service record.  Accordingly, the analyst recommends to the Board that the applicant's characterization of service be partially upgraded to general, under honorable conditions.  However, the reason for discharge was fully supported by the record and therefore, remains both proper and equitable.  This action entails a restoration of grade to    SGT/E-5.
    
VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 19 December 2007              
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 5    No change 0   - 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 characterization of service was too harsh based on the applicant's length and quality of his service, to include his combat service and as a result it is inequitable.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general, under honorable conditions.  The Board determined that the reason for discharge was proper and equitable and voted not to change it.  This action entails restoration of grade to E-5/SGT.

Case report reviewed and verified by: Alejandro Champin, 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: E-5/SGT

XI.  Certification Signature and Date
Approval Authority: 

MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


CHRISTINE U. MARTINSON			DATE: 20 December 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060016059

Applicant Name:  Mr.      
______________________________________________________________________


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