Application Receipt Date: 060901	

Prior Review    Prior Review Date: None

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

Issues: See applicant's attached DD Form 293

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: 050608
Discharge Received:     Date: 050730   
Chapter: 14    AR: 635-200
Reason: Misconduct
RE:     SPD: JKQ
Unit/Location: Headquarters and Headquarters Company, 1st Battalion, 1st Aviation Regiment, APO AE 09177 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 040809/Sexually harassing a Soldier between on or about (040401) and (040531), sexually harassing another Soldier on or about (040727), making a false official statement to a CPT, unlawfully touching another Soldier on or about (040727), and unlawfully entering a container room with the intent to commit assault/(Field Grade) 

2d Article 15/050510/Making a false official statement to a CPT on or about (050426) and on diverse occasions wrongfully having sexual intercourse with another Soldier, who was married and not his wife between on or about (040401) and (050131)/(Field Grade)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  761031  
Current ENL Date: 010316    Current ENL Term: 04 Years  (The commander's recommendation memorandum makes reference to the applicant having a reenlistment date of (050310), the available records is void of an enlistment contract to support this claim.  The applicant's Enlisted Record Brief does show his ETS date as (070330).
Current ENL Service: 04 Yrs, 04Mos, 15Days ?????
Total Service:  08 Yrs, 06Mos, 17Days ?????
Previous Discharges: RA-970114-990310/HD
                                      RA-990311-010315/HD
Highest Grade: E5
Performance Ratings Available: Yes    No 
MOS: 89B10 (Ammunition Specialist)   GT: 94   EDU: HS Grad   Overseas: Germany, Southwest Asia   Combat: Iraq/Kuwait (010401-010813 and 040214-050203), Kosovo (030107-030723)
Decorations/Awards: AAM (2d Award), AGCM (2d Award), NDSM (2d Award), GWOTEM, GWOTSM, KCM, NCOPDR, ASR, OSR, NATO Medal (Kosovo)
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 8 June 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 (receiving two field grade Article 15's (sexual harassing two different Soldiers, two counts of providing false official statements, assault, unlawful entry with the intent to commit a criminal offense and adultery), counseled for lack of military bearing, domestic disturbance involving him and his wife and other various acts of misconduct), 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 contingent upon him receiving a characterization of service no less favorable than a general, under honorable conditions discharge 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 commanders reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge.  The senior intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge and recommended an under other than honorable conditions discharge if the conditional waiver was disapproved.  On 15 July 2005, the separation authority waived further rehabilitative efforts 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, and the issue he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  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 reason for discharge and the characterization of service remains both proper and equitable.

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 and is improper.  While the Board 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.  Accordingly, the Board voted to grant partail 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: Eric S. Moore, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: NA
Other: NA
RE Code:  
Grade Restoration:   No   Yes  Grade: NA

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 AR20060012272

Applicant Name:  Mr.        
______________________________________________________________________


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