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 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:      
Discharge Received:     Date: 060202   
Chapter: 14-12C    AR: 635-200
Reason: Misconduct (Serious Offense)
RE:     SPD: JKQ
Unit/Location: 578th SIG CO, 17th SIG BN, OIF III,  FOB Speicer, APO AE 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 050414, wrongfully consuming alcoholic beverages in a combat environment (050301), with intent to deceive, sign an official Sworn Statement DA 2823 (050329), wrongfully and willfully discharge a firearm (050301), reduction to E5, $1164 x 2, 45 days extra duty and restriction. (FG)

050805, conduct yuorself in a nature to bering discredit upon the U.S. Army (050126), reduction to E4, $978 x 2, (suspended) 45 days extra duty. (FG)    

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

Counseling Records Available: Yes    No 

IV.  Soldier's Overall Record
DOB:  770326  
Current ENL Date: 030828    Current ENL Term: 4 Years       
Current ENL Service: 2 Yrs, 05Mos, 05Days      
Total Service:  09 Yrs, 00Mos, 06Days      
Previous Discharges: 020530-030827/HD
                                      000406-020529/HD
                                      970127-000405/HD
Highest Grade: E6
Performance Ratings Available: Yes    No 
MOS: 25Q10/MULTICH TRANS OP/MNT   GT: 120   EDU: HS Grad   Overseas: Korea, Germany, Kuwait, Iraq   Combat: Iraq (000515-011105), 2nd Iraq (NIF)
Decorations/Awards: ARCOM-3, AAM, AGCM-2, NDSM, KDSM, HSM, NCODP-2, ASR, OSR, ICM, GWOTSM,
V.  Post-Discharge Activity
Home of Record: 
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The evidence of record shows that on 26 November 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-commission of a serious offense for operating a motor vehicle while under the influence of alcohol(031115), wrongfully consuming alcoholic beverages in a combat zone (050301), with intent to deceive, sign an official sworn statement (050329), wrongfully and willfully discharge a firearm outside of the 578th Signal Company operations area at Camp Delta, Iraq (050301), and fraternizing with an enlisted female (050126) 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, voluntarily waived consideration of his case by an Administrative Separation Board contingent upon him receiving a characterization of service no less favorable than a general, under honorable conditions discharge 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 separation authority approved the conditional waiver request, 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 GOMOR dated 10 December 2003.

      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 independent evidence he submitted, the analyst recommends to the Board that the applicant's characterization of service be upgraded to fully honorable.  This recommendation was made after full consideration of his faithful and honorable service, as well as his record of misconduct.  The evidence in this case supports a conclusion that the applicant's characterization of service is now too harsh, and as a result it is inequitable.  While the applicant's misconduct is not condoned, the overall length and quality of the applicant's service, two combat tours in Iraq and the circumstances surrounding the discharge mitigated the discrediting entries in his service record.  Accordingly, the analyst recommends that the applicant's characterization of service be upgraded to fully honorable.  However, the analyst determined that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable.

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date:                    
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          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: Chuck Busick, 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 AR20060016063

Applicant Name:  Mr.         
______________________________________________________________________


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