Application Receipt Date: 060906	

Prior Review    Prior Review Date: None

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

Issues: See applicant's attached DD Form 293 and supporting 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: 060504
Discharge Received:     Date: 060622   
Chapter: 14    AR: 635-200
Reason: Pattern of Misconduct
RE:     SPD: JKA
Unit/Location: B Company, 2nd Battalion, 12th Infantry Regiment, Fort Carson, CO 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 060118/Disrespectful in language and deportment towards two noncommissionded officers on 060103 and one noncommissioned officer on 051031, and failure to go at the time prescribed to his appointed place of duty on 050914/Field Grade 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  840617  
Current ENL Date: 040217    Current ENL Term: 03 Years  ?????
Current ENL Service: 02 Yrs, 04Mos, 06Days ?????
Total Service:  02 Yrs, 04Mos, 06Days ?????
Previous Discharges: None
Highest Grade: E3
Performance Ratings Available: Yes    No 
MOS: 11B10 (Infantryman)   GT: 96   EDU: HS Grad   Overseas: Korea   Combat: Iraq (040808-050729)
Decorations/Awards: NDSM, ICM, GOWTSM, ASR, OSR, CIB
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 4 May 2006, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—pattern of misconduct (disrespect towards an noncommissioned officer X3, and failure to report for formation X2), with a 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, 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 and senior intermediate commanders reviewed the proposed discharge action and recommended approval of the separation action with a under other than honorable conditions discharge.  On 25 May 2006, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than 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, 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 independent evidence he submitted, the analyst recommends to the Board that the discharge 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.  While the applicant's misconduct is not condoned, 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 of the applicant's service to include his combat service, and the circumstances surrounding the discharge, mitigated the discrediting entries in the service record.  
      
      Futhermore, the analyst determined that the narrative reason for discharge was inequitable.  The analyst found that the narrative reason for separation on the applicant’s DD Form 214 was incorrect.  Regulations currently in effect list the reason for the applicant’s discharge as misconduct.  Accordingly, the analyst recommend the Board the narrative reason on the DD Form 214 to current standards “misconduct.”

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 2 April 2007              
Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel:  Yes (redacted)

Witnesses/Observers: Yes , mother and two counsel assistants

Exhibits Submitted: No




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     No change    (Character)
		 			       	Change     No change    (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, hearing his testimony, and considering the analyst’s recommendation and rationale, the Board determined that the discharge was inequitable.  The Board found that the overall length and quality of the applicant's service, to include his combat service, and the circumstances surrounding the discharge, mitigated the discrediting entries in his service record.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable and change the narrative reason for separation to Secretarial Authority.  This action does entail a change to the reentry eligibility (RE) code to "3".
















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: Secretarial Authority under Chapter 5, AR 635-200.
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: 


MARY E. SHAW				DATE: 11 April 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060012932

Applicant Name:  Mr.        
______________________________________________________________________


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