Application Receipt Date: 060517	

Prior Review    Prior Review Date: None

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

Issues: See DD Form 293 and attached documents.

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: 040629
Discharge Received:     Date: 040921   
Chapter: 14    AR: 635-200
Reason: Pattern Of Misconduct
RE:     SPD: JKA
Unit/Location: Det B Task Force 556th PSB Kandahar Airfield, Afghanistan APO AE 09355 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 040825-behave with disrespect toward a CPT, (040728), disrespectful in deportment toward a SGT, (040810), having received a lawful order from a SGT, did willfully disobey the same, (040810), and assault on a SGT, (040810), (Field Grade).

040331-with intent to deceive, make a false statement to a 1SG, and wrongfully appropriate a PFC's money, of a value of $120.00, (Company Grade).    

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  790404  
Current ENL Date: 010509    Current ENL Term: 4 Years  ext 5 months (020610)
Current ENL Service: 03 Yrs, 04 Mos, 12 Days ?????
Total Service:  07 Yrs, 01 Mos, 08 Days ?????
Previous Discharges: RA-970814-010508/HD
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 42F10 Human Resources Information Systems Management Spec    GT: 120   EDU: HS Letter/Transcript   Overseas: Korea/Hiwaii   Combat: Afghanistan (040414-040831)
Decorations/Awards: AAM (3), AGCM, (2), NDSM, GWOTEM, GWOTSM, KDSM, ASR, OSR  
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 29 June 2004, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—pattern of misconduct (he failed to keep his supervisor informed, (040616), failed to report back to work as it was his duty to do so (040531), made a false official statement as to his whereabouts, (040531), made a false official statement to his 1SG, (040302), wrongfully appropriate a PFC's money, ( 040229), he lied to get released from work early, ( 031118), counseled numerous times on his personal appearance and hygiene, and failed three consecutives record APFTs), 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.  On 3 July 2004, the applicant voluntarily wavied consideration of his case by an administrative separation board, contingent upon him receiving a characterization of service no less favorable than an honorable discharge, and did not submit a statement in his own behalf.  The unit commander disapproved the applicant,s waiver, and recommended it be sent forward for consideration by an administrative separation board, with issuance of a general, under honorable conditions discharge.  The intermediate commander disapproved the applicant's waiver, and recommended it be sent forward for consideration by an administrative separation board, with issuance of an under other than honorable conditions discharge.  On 14 August 2004, the applicant again consulted with legal counsel, and 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 chain of command recommended that the applicant,s waiver be approved and that he be separated fom the service with a general, under honorable conditions discharge.  On 21 August 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.  

      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, the issue and documents he submitted, 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.  Therefore, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable.  
      
      
      
      
      
      
      
      

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 28 March 2007              
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
fter 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.  The Board does not condone the applicant's misconduct; however, determined that the overall length and quality of the applicant's service, to include his combat service mitigated the discrediting entries in his service record.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable.  Furthermore, the Board found that the narrative reason for separation on the applicant’s DD Form 214 was inequitable.  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 current standards “misconduct.”     However, the Board found that the 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: 

MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


MARY E. SHAW				DATE: 30 March 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060006917

Applicant Name:  Mr.       
______________________________________________________________________


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