Application Receipt Date: 060428
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: The applicant stated in essence that he needs an upgrade to enter the reserves.
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: 050815
Discharge Received: Date: 050914
Chapter: 14 AR: 635-200
Reason: Misconduct
RE: SPD: JKQ
Unit/Location: Bravo Company, 601st Aviation Support Battalion, 4th Brigade, 1st Infantry Division, APO AE 09177
Time Lost: None
Article 15s (Charges/Dates/Punishment): 040831, violated a lawful general regulation by wrongfully having an improper relationship with a PV2 between (030930-031026); with intent to deceive, made two false official statements to CID agents on (031231); committed an indecent assault upon a PV2 on (031026); wrongfull sexual intercourse with a PV2, with a woman, not his wife, between (030930-031004)/Field Grade.
2nd Article 15: 050518, operating a motor vehicle while intoxicated on (050319)/Field Grade.
050415, General Officer Memorandum of Reprimand for driving under the influence of alcohol on (050319)/Administrative.
Court-Martials (Charges/Dates/Punishment): none
Counseling Records Available: Yes No
IV. Soldiers Overall Record
DOB: 720507
Current ENL Date: 011220 Current ENL Term: 4 Years ?????
Current ENL Service: 3 Yrs, 8 Mos, 24 Days ?????
Total Service: 15 Yrs, 3 Mos, 3 Days ?????
Previous Discharges: USN-900612-930611/HD
USNR-930612-960910/HD
ARNG-960912-971103/HD
USNR-971104-980903/NA
RA-980904-001214/HD
RA-001215-011219/HD
Highest Grade: E-5
Performance Ratings Available: Yes No
MOS: 52C10, Utilities Equipment Repairer GT: 99 EDU: HS Grad Overseas: Korea, Germany, Southwest Asia Combat: Iraq-030413-030612, 040207-050304
Decorations/Awards: AAM (4), JMUA, GCM (3), ICM, NDSM, GWOTEM, GWOTSM, KDM, OSR (2), ASR
V. Post-Discharge Activity
Home of Record:
Current Address:
Post Service Accomplishments: None were submitted.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
Evidence of record shows that on 5 August 2005, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconductcommission of a serious offense (you were given a Field Grade Article 15 for indecent assault, fraternization with a junior enlisted soldier, adultery, and making a false official statement to CID agents. After redeployment, you received another Field Grade Article 15 for physically controlling a passenger car while drunk), with a general, under honorable conditions discharge. He was advised of his rights. The applicant consulted legal counsel, was advised of the impact of the discharge action, voluntarilly waived consideration of his case by an administration separation board, contingent upon receiving a characterization of service of no less favorable than 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. On 6 September 2005, 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 has a Military Police Report dated (050319), a CID report of investigation dated (040715) and an alcohol influence report (050319) 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, convictions by civil authorities, desertion or absence without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is 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 applicants military records, and the issue he submitted, the analyst found that the evidence was not sufficiently mitigating to warrant an upgrade of the discharge under review. The applicants 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 applicants service mitigated the misconduct or poor duty performance. Therefore, the analyst found that the characterization of service and the narrative reason for discharge were both proper and equitable and recommends the Board vote to deny relief in this case.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 28 February 2007
Location: Washington, D.C.
Did the Applicant Testify? Yes No
Counsel: N/A
Witnesses/Observers: N/A
Exhibits Submitted: N/A
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 applicants record of service during the period of enlistment under review and considering the analysts recommendation and rationale, the Board determined that the discharge was both proper and equitable, and voted not to change it.
Case report reviewed and verified by: Mr. John Zangas, Examiner
X. Board Action Directed
No Change
Issue a new DD Form 214
Change Characterization to:
Change Reason to: None
Other: None
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: 7 March 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20060006047
Applicant Name: Mr.
______________________________________________________________________
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