Application Receipt Date: 060717	

Prior Review    Prior Review Date: None

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

Issues: The applicant states, in effect, that his general discharge was neither proper nor equitable.  I was stripped of my rank, lost my  wages and received a general discharge from the US Army because I was stabbed 11 times by a group of soldiers while stationed at Ray Barracks in Freiberg, Germany after returning from 10 months of service in Iraq where I saw combat.  The unprovoked attack took place outside a nightclub off base, and my Staff Sergeant and several other Army personnel came to my rescue.  The Sergeant remains in Walter Reed Hospital as a result of his injuries.  The Army launched an investigation, and two soldiers have been court-martialed. A third perpetrator is awaiting court-martial. This information was delivered to me by Capt.  who is investigating the attack for the Army. I did not know these attackers, and no motive has been identified.  After the incident the Company Commander told me that "I must have done something” to warrant such a vicious attack.  I was placed on restriction after I got out of the hospital, and I had to do my convalescent leave in the barracks with no assistance, while my unit remained in the field.  The reason given for the general discharge was “a pattern of misconduct”, but none of the incidents cited by the Army took place during duty hours.  My first article 15 was for assault when I defended myself against a female who hit me in the head with an ashtray at a club off-base.  I received only 15 days of restriction because the Company Commander said it was reasonable self-defense.  The second article 15 resulted from an incident which took place one month after I was discharged from the hospital.  On the weekend, the Sergeant came down to the room of my friend as I was leaving, and asked me for my ID.  I didn't give it to him because I didn't think I had to give him my ID without cause.  This happened on the same day I came off thirty days of convalescent leave.  The Sergeant reported that I threatened him with my fists. He stated that I showed him scars on my hands. But I have no scars on my hands.  He also stated that I took off my shirt, but if I had done that he would have seen the fresh scars from the stabbing incident.  The Sergeant lied in his statement.  He called the MP's and they put me in handcuffs without asking what happened.  After I was released I discovered I was going to receive a field grade article 15 for "communicating a threat", "disobeying a lawful order," and "drunk & disorderly" (the incident took place three hours after a company party).  Immediately I went to talk to the Trial Defense Counsel about what happened and he advised me not to demand trial by court-martial because the threat charge would turn into an assault charge on the NCO, and it would be on my record for the rest of my life.  So I did not demand trial by court-martial because I was afraid I would go to jail and receive a bad conduct discharge.  I received the article 15.  I received the maximum punishment: reduced to E1, forfeit of half of my pay for two months, and extra duty and restriction for 45 days.  A few weeks later I found out that I was going to receive a general discharge. I was ordered to meet with Capt. who told me I had to accept the discharge because she said that legally the Army could do this to me.  I did not engage in a pattern of misconduct.  The attack against me was not provoked.  I did not threaten Sergeant .  I was discouraged from fighting the unjust charges by Army personnel.  I never received a just examination of the charges brought against me and received bad legal advice.  There are no grounds for the General Discharge.  I received numerous awards during my time in the Army. I served ten months in active combat in Iraq, including patrols, escorts, raids, cordon and searches, traffic control points, IED sweeps and guard duty, without any incidents of misconduct.  I believe that I have been the victim of unfair, improper treatment by the Army.  I am seeking a change to an Honorable Discharge so I can begin my career in law enforcement.  I have never been involved in any violence.  I have participated in community service activities since I was 15 years old.  I received the Victim Assistance Award from Paul Howard, Fulton County, GA District Attorney when I was a ninth grader.  I signed myself up for the Youth Challenge Program at Fort Gordon which I completed with honors.  From there, I joined the Army, graduated from Fort Benning Basic Training, and deployed to Kuwait and Iraq.  I was a youth partner of the Jean Childs Young Institute for Youth Leadership for three years.  I  was a founding member of Checking Game: The African-American Male Youth Initiative Against Violence, which the Institute supports as one of its most effective youth programs.  The philosophy of Checking Game is that it is the legacy of all African-American men and boys to be Champions of Justice, and anything that interferes with that legacy is oppression.  I voiced that philosophy when I accepted my award from the District Attorney.  And I continue to try to live by it now.


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: 050919
Discharge Received:     Date: 051007   
Chapter: 14    AR: 635-200
Reason: Misconduct
RE:     SPD: JKA
Unit/Location: Company A, 1st Battalion, 36th Infantry Regiment, Germany 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 050215, Unlawfully strike an individual (050107), (Art. 15 continuation sheet-NIF), (Company Grade)

2nd Article 15, 050729, Willfully disobeyed a lawful order from a SGT (050709), disrespectful in language and deportment toward a SGT (050709) and was drunk and disorderly (050709), Field Grade)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  841205  
Current ENL Date: 030423    Current ENL Term: 3 Years  ?????
Current ENL Service: 2 Yrs, 5 Mos, 15 Days ?????
Total Service:  2 Yrs, 5 Mos, 15 Days ?????
Previous Discharges: None
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 11B10 Infantryman   GT: 89   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (031031-040715)
Decorations/Awards: NDSM, GWOTEM, GWOTSM, ASR, OSR, CIB, PUC, JMUA
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: See DD Form 293 with attachments

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 31 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 misconduct—pattern of misconduct (you received a Company Grade Article 15 for assault, and received a Field Grade Article 15 for failure to obey an order or regulation), 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 23 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 recommendation to Bar him from reenlisting undated and a MP Blotter Report dated (050110) in his Official Military Personnel File.  

      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, documents and the issue he submitted, the analyst found several mitigating factors that would merit an upgrade of the characterization of service to fully honorable.  This recommendation was made after full consideration of his faithful and honorable service, as well as his record of misconduct.  While the applicant's misconduct is not condoned, the evidence in this case supports a conclusion that the characterization of service was too harsh, and as a result it is inequitable.  The analyst found that the length of the applicant's service, to include his combat service mitigated the discrediting entries in his service record.  However, the analyst determined that the reason for discharge was both proper and equitable.  
      
      
      
      
      
      

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 11 July 2007              
Location: Washington, DC

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 3    No change 2   - Character
		 			      Change 0    No change 5   - 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.  The Board found that the length of the applicant's service, to include his combat service mitigated the discrediting entries in his service record.  Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to fully honorable.  However, the Board determined that the reason for discharge was both proper and equitable and voted not to change it.   




















Case report reviewed and verified by: Mr. Ron Williams, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: N/A
Other: N/A
RE Code:  
Grade Restoration:   No   Yes  Grade: N/A

XI.  Certification Signature and Date
Approval Authority: 

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

Official: 


MARY E. SHAW				DATE: 20 July 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060010077

Applicant Name:  Mr.       
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