Applicant Name:  ?????

Application Receipt Date: 2011/10/31	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "To whom it may concern, It is my humble, but honest, opinion that the type of discharge that I received from the United States Army is not consistent with my service record or the course of events that lead to my subsequent discharge.  While extending the utmost respect to the members of the review board, it is my goal to make a formal request to upgrade my current discharge of General Under Honorable to that of an Honorable Discharge.  During the month of April 2010 I was falsely charged with felonious assault by the [redacted] County Prosecutors Office.  Since that time, however, I have pled my case in the civilian judicial system and after 18 months of much litigation, it has come to light that my actions warrant a much less severe conviction of misdemeanor battery rather than the original charge of felony assault.  While I fully acknowledge that my actions disgraced my unit, my family and myself, I also stand firm by the concept that they do not warrant a General Discharge.  It is my sincere belief that due to the highly political nature of the heavy media coverage, the United States Army was forced to take quick and decisive action in initiating my discharge. These actions, being understandable and logical at the time, have since been shown by civilian legal procedures to be hasty.  This is not meant as an inflammatory remark towards the United States Army, but instead is simply an observation aimed at the local lobbyist groups who's drive for self nullification helped to fuel the fires of sensationalized media coverage of the event that eventually lead to my Chain of Command having to make a snap decision.  I volunteered during a time of war with the sole intent of deploying to the operations in either OIF or OEF with an Airborne Infantry unit. At this time, I am the first to admit that after my initial deployment I neglected much needed assistance in controlling my aggression upon returning stateside.  This display of ignorant machismo eventually lead to my anger issues getting the best of me.  I have since then taken full responsibility for my actions and sought help with the Veterans Affairs Hospital to ensure that this is a one time ordeal.  Prior to enlisting I was employed by the [redacted] Fire Department in [redacted], Georgia as an Emergency Medical Technician and Firefighter.  I am currently in the process of re-certifying through the [redacted]. My primary reason for seeking an Honorable Discharge is to gain employment once again at a metropolitan fire department.  This will allow my discharge upgrade to benefit the entire community in which I serve.  Effectively aiding in the safety and security of the community and country that has already given so generously to my family and myself. I honorably served in Operation Iraqi Freedom as a member of the 82nd Airborne Division. There I received the coveted Combat Infantry Badge, among other awards.  To this day, and until I die, I cherish my time spent in the United States Army.  I will always hold fond memories of my fellow Paratroopers and my unit.  I can only hope that through selfless service to my country and community I can somehow rectify the actions of my past that have helped to shape me and change my world view.  I sincerely appreciate any consideration in regards to my humble request.  Airborne, All the Way!

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: 100511
Discharge Received: 			   Date: 100609   Chapter: 14-12c       AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: A Co, 2-505th IN Bn (Abn), Fort Bragg, NC 

Time Lost: Confinement/Civil Authorities for 41 days (100428-100609).

Article 15s (Charges/Dates/Punishment): None

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  22
Current ENL Date: 070808    Current ENL Term: 05 Years  ?????
Current ENL Service: 	02  Yrs, 08  Mos, 20  Days ?????
Total Service:  		02  Yrs, 08  Mos, 20  Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 11B1P Infantryman   GT: NIF   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (081205-091115)
Decorations/Awards: ARCOM, NDSM, ICM-W/CS, GWOTSM, ASR, OSR, CIB

V.  Post-Discharge Activity
City, State:     
Post Service Accomplishments: The applicant states in his application he is in the process of re-certifying through the National Registry of Emergency Medical Technicians. 

VI.  Facts, Circumstances, and Legal Basis for Separation
       a.  Facts and Circumstances:
       The evidence of record shows that on 11 May 2010, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of misconduct- commission of a serious offense for wrongfully assaulting a homeless man in Ohio (100410), with a general, under honorable conditions discharge.  He was advised of his rights.
       
       On 11 May 2010, the applicant waived legal counsel, was advised of the impact of the discharge action, and submitted a statement in his own behalf which was not found in the available records.  The unit commander subsequently recommended separation from the Army 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.  
       
       On 13 May 2010, 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 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 the type of discharge he received from the Army was not consistent with his service record. The analyst considered the quality of his service during the initial portion of the enlistment under review.  However, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of service under review. 
       
       The applicant further contends being falsely charged with felonious assault by the Hamilton County Prosecutors Office.  The evidence of record shows that the applicant along with three (3) other Soldiers went to the homeless camp and severely beat the individual living there with baseball bats and other objects.  Based on the aforementioned being evidence of a serious physical assault and battery, the affiant believed sufficient probable cause existed that the applicant violated, among others, one or more of the following Ohio General Statutes; Section 290311 of the revised code of Ohio, felonious assault; and North Carolina General Statue 14-2.4, conspiracy to commit a felony.
       
       The applicant also contends media coverage of the event eventually lead to his chain of command making a snap decision.  The applicant bears the burden of the presentation of substantial and credible evidence to support his contention.  There is no evidence in the record, nor has the applicant provided any evidence, to support the contention that his command was influenced by the media in their decision making.  
       
       Further, The analyst found no evidence of arbitrary or capricious actions by the command.  The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. 
       
       The applicant additionally contends his anger issues got the best of him.  The record of evidence does not demonstrate that he sought relief from anger through his command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other medical resources available to all Soldiers.  Likewise, he has provided no evidence that he should not be held responsible for his misconduct.
       
             The applicant requests an honorable discharge to gain employment with a metropolitan fire department.  The Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.
       
       Therefore, the analyst determined 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: 18 May 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: Online application, dated (111017); two (2) State of Ohio, Hamilton County, Court of Common Pleas, dated (111018), two (2) pages, dated (111011); ARCOM Citation, dated (090901); DD Form 214, dated (100609); DA Form 638 (Recommendation for Award), two (2) pages, dated (090529); Parachutist Badge, Permanent Orders 340-2869, dated (071206); and Combat Infantry Badge, Orders 056-006.

VIII.  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.







        
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: None

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 AR20110021892
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