Application Receipt Date: 060215	

Prior Review    Prior Review Date: None

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

Issues: See DD Form 293.

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: 051112
Discharge Received:     Date: 051216   
Chapter: 14    AR: 635-200
Reason: Misconduct (Serious Offense)
RE:     SPD: JKQ
Unit/Location: 0603 CS Ground Maint FC Fort Campbell, KY 42223-5000 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 051021-with intent to deceive, submitted a DA Form 3349, which record was totally false (051010), with intent to deceive, make a false statement to a CPT (051014), without proper authority, destroy by manually shredding a UCMJ packet of some value, military property of the United States  (051014), steal a UCMJ packet, military property, of some value, the property of the United States (051014), unlawfully enter an office room, the property of the United States, with intent to commit a criminal offense, to wit: larceny (051014), (FG.)

050816-between (041101) and (041201), steal a video camera, of a value of less than $500.00, the property of a SPC, disobeyed a lawful order from a 1SG (050811), wrongfull endeavor to influence the testimony of a SPC by communication to the SPC a threat (050811), (FG.)    

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  830117  
Current ENL Date: 050403    Current ENL Term: 6 Years  ?????
Current ENL Service: 00 Yrs, 08 Mos, 13 Days ?????
Total Service:  5 Yrs, 00 Mos, 25 Days ?????
Previous Discharges: USAR-010907-020929/HD
                                      RA-020930-050402/HD
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 63J10 QM & Chem Equip Repr   GT: NIF   EDU: HS Grad   Overseas: None   Combat: Kuwait/Iraq (030225-040226) and (050126-051208)
Decorations/Awards: ARCOM, AGCM, NDSM, ICM, GWOTEM, GWOTSM, ASR, OSB (4), AABDGE 
V.  Post-Discharge Activity
Home of Record: 
Current Address: 

Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 2 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 (committing the offense of larceny multiple times and providing false official statements), with an under other than 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 submitted a statement in his own behalf.  On 5 November 2005, the applicant submitted a request for a conditional waiver for an administrative separation board contingent upon receiving a characterization of service no less favorable than general, under honorable conditions discharge.  The intermediate and senior commanders recommended approval of the conditional waiver with a general, under honorable conditions discharge.  On 11 November 2005, the applicant again consulted with legal counsel and waived consideration of his case by an administartive separation board.  On 12 November 2005, the unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  The intermediate and senior  commanders reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge.  On 20 November 2005, 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.  

      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 during the period of enlistment under review, and the issue he submitted, the analyst recommends that the applicant’s characterization of service be upgraded 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.  The evidence in this case supports a conclusion that the applicant’s characterization of service was too harsh, and as a result it is inequitable.  While the applicant's misconduct is not condoned, the analyst found that the overall length and quality of the applicant's service to include his two combat tours mitigated the discrediting entries in his service record.  Furthermore, the analyst found that the narrative reason for separation on the applicant’s DD Form 214 was incorrect.  Regulations currently in effect list the reason for the applicant’s discharge as misconduct.  Accordingly, the analyst recommends to change the narrative reason to current standards “misconduct.”  However, the analyst determined that the narrative reason for discharge remains both proper and equitable.  
      
      
      
      
      
      
      
      
       

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 061213              
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
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, 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.  Furthermore, the Board found that the narrative reason for discharge was incorrect.  Regulations currently in effect list the reason for the applicant’s discharge as misconduct.  Accordingly, the Board voted to change the narrative reason on the DD Form 214 to “misconduct.”  However, the Board determined that the narrative reason for discharge was both proper and equitable and voted not to change it.















Case report reviewed and verified by: Mr. Kenneth McFarley, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: Current Standards "Misconduct" under provisions of  Chapter 14, AR 635-200.
Other: NA
RE Code:  
Grade Restoration:   No   Yes  Grade: None

XI.  Certification Signature and Date
Approval Authority: 

ROBERT L. HOUSE
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


MARY E. SHAW				DATE: 061215
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060002396

Applicant Name:  Mr.       
______________________________________________________________________


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