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ARMY | DRB | CY2006 | AR20060012243
Original file (AR20060012243.txt) Auto-classification: Approved
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: NIF
Discharge Received:     Date: 050307   
Chapter: 2     AR: 600-43
Reason: Conscientious Objector
RE:     SPD: KCM
Unit/Location: 557th Maintenance Company, Corps Support Battalion, National Training Center and Fort Irwin, CA 92310-5000 

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:  821030  
Current ENL Date: 001004    Current ENL Term: 4 Years  The applicant states he was extended beyond his original ETS due to Stop Loss.
Current ENL Service: 04  Yrs, 05 Mos, 04 Days ?????
Total Service:  04  Yrs, 05 Mos, 04 Days ?????
Previous Discharges: None
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 42A10 Human Resources Specialist   GT: 97   EDU: HS Letter   Overseas: Japan   Combat: None
Decorations/Awards: AAM (2), AGCM, NDSM, GWOTSM, NCOPDR, ASR
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: The applicant states he is currently a student at the University of Arizona.

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 22 November 2004, the applicant voluntarily requested discharge under the provisions of AR 600-43 as a conscientious objector. In accordance with Chapter 2, AR 600-43, an investigating officer was appointed to determine whether the applicant met the requirements for discharge as a conscientious objector. On 13 December 2004, the applicant waived attending a Conscientious Objector Hearing as mandated by regulation to present evidence in support of his claim. On 13 December 2004, the investigating officer sustained the applicant's request for discharge under the provisions of AR 600-43. On 22 December 2004, the court-martial convening authority recommended approval of the applicant's request and forwarded his request to the DA Conscientious Objector Review Board (DACORB) for approval. On14 January 2005, the DA CORB approved the applicant's request and directed that the applicant be separated in accordance with AR 600-43 as a conscientious objector. The characterization of service was to be determined by the applicant's command.  On 25 January 2005, the separation authority directed that the applicant be discharged with a general, under honorable conditions characterization of service. 

      b.  Legal Basis for Separation:  
      Army Regulation 600-43 sets for policy, criteria, responsibilities, and procedures to classify and dispose of military personnel who claim conscientious objection to participation in war in any form or to the bearing of arms. An honorable or a general, under honorable conditions characterization of service may be given.
      
      
      
      
       

      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 issue and documents he submitted, the analyst recommends that the applicant’s characterization of service be upgraded to fully honorable.  The evidence in this case supports a conclusion that the applicant’s characterization of service was too harsh, and as a result it is now inequitable.  The analyst found that the overall length and quality of the applicant's service; he completed his first full term of service with an original ETS date of 3 October 2004, there was no derogatory information in the applicant's file (ie, nonjudicial punishment, negative counseling statements, or administrative reprimands), and his post service accomplishments, warrants an upgrade of the applicant's discharge to fully honorable.  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: 10 0ctober 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 too harsh and as a result it is inequitable, based on the overall length and quality of the applicant's service and the circumstances surrounding his discharge.  Accordingly, the Board voted to grant 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. 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: 12 0ctober 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060012243

Applicant Name:  Mr.        
______________________________________________________________________


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