Application Receipt Date: 060725	

Prior Review    Prior Review Date: None

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

Issues: The applicant states, in effect, that he is writing this letter requesting my discharge to Honorable because i want something to present to my newly born daughter on June 3, 2006 when she is older to understand issues of the world and to be proud of her father serving in the U.S. Army as a combat tanker protecting the world.  Currently im working for Starbuck Coffee in Killeen, Texas and also going to Central Texas College to finish getting my degree in Criminal Justice and a minor in Psychology.  May be later if possible i like to maybe return to the U.S. Army as an officer to finish serving if possible, but if not i would like to display to all proudly my Honorable Discharge in a frame for all to see.  Thank you.  

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: 040830
Discharge Received:     Date: 050324   
Chapter: 14    AR: 635-200
Reason: Misconduct
RE:     SPD: JKK
Unit/Location: C Company, 1st Battalion, 66th Armor Regiment, Fort Hood, TX  76544 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 040730, Assaulted his wife (040717), (Field Grade)

040721, Memorandum of warning-for misconduct in his Fort Hood family housing quarters. 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  720613  
Current ENL Date: Reenl/040514    Current ENL Term: 2 Years  ?????
Current ENL Service: 0 Yrs, 10 Mos, 11 Days ?????
Total Service:  7 Yrs, 2 Mos, 10 Days ?????
Previous Discharges: RA-980115-000216/HD
                                      RA-000217-010311/HD
                                      RA-010312-040513/HD
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 19K10 M1 Armor Crewmember   GT: 93   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (030406-040405)
Decorations/Awards: ARCOM, AAM (2), GWOTEM, GWOTSM, GCMDL (2), NDSM, ASR
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: See DD Form 293 with thirteen (13) enclosures.

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 20 August 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—commission of a serious offense (you received a Field Grade Article 15 dated 30 July 2004 for assaulting your wife, and you received another Field Grade Article 15 dated 15 July 2002 for using cocaine, and you received several counseling statements for various infractions of the UCMJ), 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, requested consideration of his case by an administrative separation board 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 10 January 2005, the applicant was notified to appear before a board officers, and advised of his rights.  The board met; applicant appeared with counsel.  The board recommended separation with a general, under honorable conditions discharge.  On 11 March 2005, the separation authority approved the findings and recommendations of the board 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, documents and the issue he submitted, the analyst found that the characterization of service was improper.  There was a full consideration of all faithful and honorable service as well as the infractions of discipline, the extent thereof, and the seriousness of the offenses.  While the analyst does not condone the applicant’s misconduct, the evidence of record shows that the approving authority considered nonjudicial punishment from a prior period of honorable service in characterizing the applicant’s discharge.  Consideration of such evidence is improper unless the applicant is granted a fully honorable characterization of service.  In view of the foregoing, the analyst recommends that the Board grant relief in the form of an upgrade of the characterization of service to fully honorable.  However, the reason for discharge was both proper and equitable.   
      
      
      
      
      
      
      
      
      
      
      
      

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 18 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 5    No change 0   - 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 evidence of record shows that the approving authority considered nonjudicial punishment from a prior period of honorable service in characterizing the applicant’s discharge.  Consideration of such evidence is improper unless the applicant is granted a fully honorable characterization of service.  In view of the foregoing, the Board determined that the characterization of service was and is improper.  Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to honorable.  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: 31 July 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060010392

Applicant Name:  Mr.       
______________________________________________________________________


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