Application Receipt Date: 060911	

Prior Review    Prior Review Date: None

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

Issues: See applicant's 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: 050707   
Chapter: 14    AR: 635-200
Reason: Misconduct
RE:     SPD: JKB
Unit/Location: HHB, 1st Battalion, 21st Field Artillery, 1st Cavalry Division, Fort Hood, TX 76544 

Time Lost: The applicant was confined by the Civil Authorities for 661 days from (030911-050707).

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

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  610328  
Current ENL Date: 991229    Current ENL Term: Indefinite Years  ?????
Current ENL Service: 03  Yrs, 08 Mos, 12 Days ?????
Total Service:  22  Yrs, 03 Mos, 18 Days ?????
Previous Discharges: RA-810514-850130/HD
                                      RA-850131-890719/HD
                                      RA-890720-940911/HD
                                      RA-940912-991228/HD
Highest Grade: E8
Performance Ratings Available: Yes    No 
MOS: 13B1X Cannon Crewmember   GT: 113   EDU: 14 Years   Overseas: Korea/Germany/Haiti   Combat: None
Decorations/Awards: MSM, ARCOM (3), AAM (6), AGCM (6), NDSM (2), AFEM (2), GWOTSM, HSM, NCOPDR w/3, ASR, OSR, UNM, NM, ASUA, DSIDBDGE
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 the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—civil court conviction (Soldier was found guilty of sexual acts with a child), with an under other than honorable conditions discharge.  The applicant was mailed documentation advising him of his rights according to AR 635-200, however, that documentation was returned unsigned by the applicant, and his legal counsel, exercising his rights.  Further evidence of the record shows that the applicant's was entitled to have his case heard by an administrative separation board, however, the board proceedings are not part of the available record and the analyst presumed Government regularity in the discharge process.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  The intermediate and senior commanders reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge.  On 16 May 2005, the separation authority approved the separation action and directed that the applicant be discharged with a characterization of service of under other than honorable conditions with an SPD code of "JKB" an a reentry eligibility code (RE) of "4."  In a memorandum dated 3 June 2004, the applicant was administartively 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 issue and documents 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.  The analyst noted the applicant's issue; even though a single incident, the analyst concluded that the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army.  The applicable Army regulation states that there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization.  Having examined all the circumstances, the analyst determined that the applicant's single incident of misconduct did indeed adversely affect the quality of service, brings discredit on the Army, and was prejudicial to good order and discipline.  Therefore, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable. 
      
      
      
      
      
      
      
       

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 24 October 2004              
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 0    No change 5   - 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, and 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: 2 November 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060013001

Applicant Name:  Mr.        
______________________________________________________________________


Page 4 of 6 pages