Application Receipt Date: 060719	

Prior Review    Prior Review Date: None

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

Issues: See applicant's attached DD Form 293 and supporting 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: 060306
Discharge Received:     Date: 060628   
Chapter: 14    AR: 635-200
Reason: Misconduct (Serious Offense)
RE:     SPD: JKQ
Unit/Location: Headquarters Support Company, 127th Aviation Support Battalion, APO, AE 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 051129/Wrongfully having sexual intercourse with another Soldier, a woman not his wife (050608), wrongfully commited an indecent act with another Soldier (050607), was derelict in the performance of his duties x 2, (050607), (050608) and making a false statement (050608)

Memorandum of Reprimand:  060412/Committing serious misconduct on 6 and 8 June 2005 during a field training exercise in Grafenwoeher, Germany/FG

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  750116  
Current ENL Date: Reenl/040929    Current ENL Term: 04 Years  ?????
Current ENL Service: 01 Yrs, 09Mos, 00Days ?????
Total Service:  12 Yrs, 07Mos, 25Days ?????
Previous Discharges: ARNG-931104-940816/NA
                                      ADT940817-950128/HD
                                      ARNG-950129-960618/HD
                                      RA-960619-981104/HD
                                      RA-981105-040928/HD
Highest Grade: E5
Performance Ratings Available: Yes    No 
MOS: 92F10 (Petroleum Supply Specialist)   GT: 85   EDU: HS Grad   Overseas: Germany, Korea, Kosovo, Iraq   Combat: Kosovo, (001001-001215) Iraq (030506-040425)
Decorations/Awards: ARCOM, AAM (4th Award), AGCM (2d Award), NDSM, GWOTEM, GWOTSM, KDSM, AFSM, NCOPDR, ASR, OSR, C/Ach (5), L/C
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 6 March 2006, 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 (wrongfully committed an indecent act, was derelict in the performance of his duties, had sexual intercourse with a woman not his wife and provided a false official statement), 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 did not submit a statement in his own behalf.  On 7 March 2006, the applicant requested consideration of his case by an administrative separation board.  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 an under other than honorable conditions discharge.  The administrative separation board proceedings are not part of the available records and the analyst is presuming Government regularity in the discharge process.  On 14 June 2006, the separation authority approved the findings and recommendation of the administrative separation board, waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than honorable conditions.  The applicant was to be reduced to the lowest enlisted grade. 
      
      The applicant has a CID Report of Investigation dated (050608) 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 a careful review of all the applicant’s military records, and the issue he submitted, the evidence was not sufficiently mitigating to warrant an upgrade of the discharge under review.  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 and recommend the Board vote to deny relief in this case.  
      
      
      
      
      
      
      
      
      
      
      
      

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 070205              
Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: No

Witnesses/Observers: No 

Exhibits Submitted: Yes, two documents in support of his testimony.




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 characterization of service was too harsh, and as a result it is now inequitable.  The Board does not condone the applicant’s misconduct; however, determined that the length and quality of the applicant’s service to include his combat service and his post service accomplishments, 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.  This action does entail a grade restoration to SPC/E4.

     Futhermore, the Board determined that the narrative reason for discharge was inequitable.  The Board 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 Board voted to change the narrative reason on the DD Form 214 to current standards “misconduct.”











Case report reviewed and verified by: Eric S. Moore, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: Current Standard "Misconduct" under the provisions of Chapter 14, AR 635-200
Other: NA
RE Code:  
Grade Restoration:   No   Yes  Grade: E4

XI.  Certification Signature and Date
Approval Authority: 

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

Official: 


MARY E. SHAW				DATE: 070209
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060010089

Applicant Name:  Mr.       
______________________________________________________________________


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