Application Receipt Date: 060826	

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: 051028
Discharge Received:     Date: 060630   
Chapter: 14    AR: 635-200
Reason: Misconduct, (Serious Offense)
RE:     SPD: JKQ
Unit/Location: HHC, U.S. Army Sergeants Major Academy, Fort Bliss, TX 79918 

Time Lost: None

Article 15s (Charges/Dates/Punishment): None

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  630508  
Current ENL Date: 010524    Current ENL Term: Indef Years  ?????
Current ENL Service: 05  Yrs, 01 Mos, 07 Days ?????
Total Service:  25  Yrs, 00 Mos, 07 Days ?????
Previous Discharges: USAR-801021-810623/NA
                                      RA-810624-840321/HD
                                      RA-840322-871230/HD
                                      RA-871231-910501/HD
                                      RA-910502-961014/HD
                                      RA-961015-010523/HD
Highest Grade: E9
Performance Ratings Available: Yes    No 
MOS: 31U18 Signal Support System Spec/25W18 Telecom Opns Chief   GT: 120   EDU: BA Degree   Overseas: Hawaii/Korea/Germany   Combat: Kuwait (030510-040616)
Decorations/Awards: DMSM, MSM (3), ARCOM (3), AAM (4), AGCM (7), NDSM (2), AFEM, GWOTEM, GWOTSM, KDSM, MOVSM, NCOPDR w/4, ASR, OSR (5), ASUA, DS IDBDGE, 
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 21 October 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—commission of a serious offense (on divers occasions between on or about 1999 and on or about 2005, he indecently assaulted a child under the age of 16), with an under other than honorable conditions discharge.  He was advised of his rights.  The applicant's election of rights are not contained in the available record and the analyst presumed Government regularity in the discharge process.  The unit commander recommended the applicant for an under other than honorable conditions discharge, and therefore he was entitled to have his case heard 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 General Court-Martial Convening Authority referred the separation action to the standing administrative separation board.  On 9 January 2006, the board met, the applicant appeared with counsel.  The board recommended that the applicant be separated from the service with an under other than honorable conditions discharge.     On 27June 2006, the Assistant Secretary of the Army (Manpower and Reserve Affairs) approved the separation action 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 rank.   

      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 issues and documents he submitted, the analyst recommends that the applicant’s characterization of service be upgraded to fully honorable.  This recommendation was made after full consideration of his faithful and honorable service, as well as his record of misconduct.  The evidence in this case supports a conclusion that the applicant’s characterization of service was too harsh, and as a result it is inequitable.  While the applicant's misconduct is not condoned, the analyst found that the overall length and quality of the applicant's service; to include his combat service, and a supporting statement from the Northeast Counseling Services attesting to prior allegations of sexual molestation made against the applicant that were unsubstantiated, and the current allegation which caused the separation action to be initiated against the applicant, which was later retracted, mitigated the discrediting entry in his service record.  However, the analyst determined that the reason for discharge was both proper and equitable.  This action entails a restoration of grade to SGM/E9.
      
      
      
      
      
      
      
      
      
      
      
       
        

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 20 September 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 1    No change 4   - 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 discharge was both proper and equitable, voted to deny relief.





















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: None
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: 


CHRISTINE U. MARTINSON			DATE: 26 September 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060012200

Applicant Name:  Mr.      
______________________________________________________________________


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