Application Receipt Date: 060105	

Prior Review    Prior Review Date: None

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

Issues: The applicant request upgrade of his General under honorable conditions discharge to Honorable.  The applicant feels his discharge was improper for many reasons.   He continues by stating he was young and anxious to serve his country and perform his duties as a Soldier.  Four months after basic training he was in Iraq, a wartime environment and did not know what to expect.  The applicant further states because of his combat experiences he has anger and anxiety disorders which caused him to make mistakes he has learned from.  He has seen by doctors at the VA Hospital for physical and mental problems, he enrolled in anger management classes as well.  The applicant concludes he has learned from his past mistakes as a Soldier and a man.           

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: 040924
Discharge Received:     Date: 041020   
Chapter: 14    AR: 635-200
Reason: Pattern of Misconduct
RE:     SPD: JKA
Unit/Location: 

Time Lost: AWOL, 17 Days (031224)-(040111) Applicant returned to unit.

Article 15s (Charges/Dates/Punishment): AWOL-040819; Reduction to E2 suspended, automatically remitted if vacated before 18 Dec 04, Forfieture of $311.00, suspended, automatically remitted if vacated before 18 Dec 04, extra duty and restriction 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: 020730    Current ENL Term: 3 Years       
Current ENL Service: 2 Yrs, 2 Mos, 2 Days      
Total Service:  2 Yrs, 2 Mos, 2 Days      
Previous Discharges: None
Highest Grade: E3
Performance Ratings Available: Yes    No 
MOS: 19k10   GT: 97   EDU: HS GRAD   Overseas: Iraq   Combat: Iraq
Decorations/Awards: GWOTEM, GTOTSM, NDSM, ASR
V.  Post-Discharge Activity
Home of Record: 
Current Address: 

Post Service Accomplishments: He has obtained a life/health insurance producers license from , will continue to change his life for the positive.  He enrolled in anger management classes.  Desires to go to college and as a man, civilian live up to the good citizen he is and will continue to be.  Provided eight names of personnel that he claims have personal knowledge of his exemplary post service accomplishments. 

VI.  Facts, Circumstances, and Legal Basis for Separation

a.  Facts and Circumstances:
Evidence of record shows that on , the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l4, AR 635-200, by reason of pattern of misconduct, 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.  On 4 October 2004, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of General, under honorable conditions.   

The applicant was Flagged on (), in his OMPF. 

  

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, 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 careful review of all the applicant's military records during the period of enlistment under review, and the additional issues he submitted.  The analyst found that the discharge was inequitable; based on the overall length of the applicant's service, medical circumstances surrounding the discharge and his combat tour.  In view of the foregoing, the analyst recommends to grant full relief in the form of an upgrade of characterization of service to fully honorable and a change to the narrative reason for separation to Secretarial Authority is recommended.  This action does not entail a change to the reentry eligibility (RE) code.


VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 060323              
Location: 

Did the Applicant Testify?  Yes      

Counsel: Yes

Witnesses/Observers: Yes 

Exhibits Submitted: Yes




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
After carefully examining the applicant’s record of service during the period of enlistment under review, hearing his testimony, and considering the analyst’s recommendation and rationale, the Board determined that the discharge was inequitable based on the applicant's overall length of service, medical circumstances surrounding discharge and his combat tour.






















Case report reviewed and verified by: 						        
X.  Board Action Directed
No Change 
Change Characterization to:    
Change Reason to: Secretarial Authority 
Other: None
RE Code:  
Grade Restoration:   No   Yes  Grade:      

XI.  Certification Signature and Date
Approval Authority: 


Colonel, U.S. Army
President, Army Discharge Review Board

Official: 



	DATE: 060407
Colonel, U.S. Army
Chief, Secretary Recorder