Application Receipt Date: 060831	

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: 991207
Discharge Received:     Date: 000212   
Chapter: 14    AR: 635-200
Reason: Misconduct
RE:     SPD: JKQ
Unit/Location: HHC, 175th Finance Command, APO AP 96205 

Time Lost: None

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

Court-Martials (Charges/Dates/Punishment): General Court-Martial/990212-Conspire to steal U.S. currency, of a value of about $4,579.10, the property of the U.S. Government, (980801), conspire to wrongfully appropriate U.S. currency, of a value of about $5,500.00, the property of the U.S. Government, (980720), steal U.S. currency, of a value of about $4,579.10, the property of the U.S. Government, (980809), and wrongfully appropriate U.S. currency, of a value of about $5,500.00, the property of the U.S. Government, (980727).  The applicant was sentenced to be reduced to the grade of E-4 and to be reprimanded.   

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  580922  
Current ENL Date: 970317    Current ENL Term: 6 Years  ?????
Current ENL Service: 02  Yrs, 10 Mos, 26 Days ?????
Total Service:  16  Yrs, 03 Mos, 12 Days ?????
Previous Discharges: ARNG-770807-780115/NA
                                      ADT-780116-780608/HD
                                      ARNG-780609-831101/NA
                                      RA-831102-860612/HD
                                      RA-860613-890302/HD
                                      RA-890303-941201/HD
                                      RA-941202-970316/HD 
Highest Grade: E6
Performance Ratings Available: Yes    No 
MOS: 73C1L Finance Spec   GT: 108   EDU: HS Grad   Overseas: Korea/Germany   Combat: None
Decorations/Awards: JSCM, ARCOM (3), JSAM, AAM, AGCM (5), NDSM, NCOPDR w/2, ASR, OSR (3), GAFMBB
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:
      The unit commander notifying the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, is not part of the available record and the analyst presumed Government regularity in the discharge process.  Evidence of record shows that on 7 December 1999, the unit commander recommended that the applicant be separated from the service under the provisions of Chapter 14, AR 635-200, by reason of misconduct—commission of a serious offense (willfully derelict in the performance of his duties by giving a CPT credit for paying off his $4,500 OHA debt without receiving the proper confirmation, and then refunded CPT, the same $4,500, by means of casual pay, for paying off his OHA debt, which he did not pay), 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, voluntarily waived consideration of his case by an administrative separation board, and did not submit a statement in his own behalf.  The senior commander reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge.  On 17 December 1999, the separation authority approved the applicant's discharge with a characterization of service of under other than honorable conditions.  However, this action will not be executed until the applicant testifies at the court-martial in the case of United States v. CPT.  In a memo dated 28 January 2000, it states the CPT pleaded guilty to misconduct, applicant was never called to testify, separation was executed.  

      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 reviw, the issue and documents he submitted, the analyst recommends that the applicant’s characterization of service be upgraded to general, under honorable conditions.  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; mitigated the discrediting entries in his service record.  However, a change to the narrative reason for discharge is not authorized under Federal Statute.
      
      
      
      
      
      
      
      
      
      
      
       

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 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 Board determined that the characterization of service was improper.  Per Chapter 14, AR 635-200, paragraph 14-3, when the sole basis for separation is a serious offense resulting in a conviction by court-martial that did not impose a punitive discharge, the Soldier's service may not be chaacterized as under other than honorable conditions unless approved by HQDA (AHRC-EPR-F).  Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to general, under honorable conditions.  However, a change to the narrative reason for discharge is not authorized under Federal Statute. 
















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: 11 October 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060012224

Applicant Name:  Mr.        
______________________________________________________________________


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