Application Receipt Date: 060920	

Prior Review    Prior Review Date: None

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

Issues: See DD Form 293 with eight (8) attachments.

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: 060823
Discharge Received:     Date: 060908   
Chapter: 14    AR: 635-200
Reason: Misconduct-Serious Offense
RE:     SPD: JKQ
Unit/Location: Company E, 2nd Brigade Combat Team, 101st Airborne Division (Air Assault) (Rear) (Provisional), Fort Campbell, KY  42223 

Time Lost: Military confinement for a total of 20 days from (060810-060830), as a result of his Summary Court-Martial.

Article 15s (Charges/Dates/Punishment): 060705, Wrongfully assault a SGT (060623), failed to obey a lawful order issued by a SGT (060621), failed to go to his appointed place of duty x 5, (060611), (060612), (060620), (060622), (060622), (Field Grade).

The suspension of the punishment of forfeiture of $713.00 per month for 2 months imposed on (060705) was vacated, effective (060718) based on the applicant's offense of violation of administrative orders issued on (060706) not to consume alcohol. Violation occurred on (060708).

Court-Martials (Charges/Dates/Punishment): 060810, Summary Court-Martial for disobeying a lawful command from a CPT x 2, (060708), (060708), disorderly conduct x 2, (060628), (060708) and wrongfully communicating a threat to a CPT (060708).  He was sentenced to be reduced to E1, to forfeit $848.00, and to be confined for thirty (30) days.

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  830729  
Current ENL Date: 030131    Current ENL Term: 4 Years  ?????
Current ENL Service: 3 Yrs, 6 Mos, 17 Days The net active service this period on the DD Form 214, item 12c is incorrect, should be: 3 Years, 6 Months, 17 Days. the applicant has a period of military confinement, which is not shown on the DD Form 214, item 29 (Time Lost).   
Total Service:  3 Yrs, 6 Mos, 17 Days ?????
Previous Discharges: None
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 25B10 Info Sys Opr Analyst   GT: 105   EDU: GED Certif.   Overseas: Korea (030926-040827), Southwest Asia   Combat: Iraq (050929-060517)
Decorations/Awards: ARCOM, GCMDL, NDSM, GWOTSM, KDSM, ASR, OSR, Iraq Campaign Medal, Combat Action Badge
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 10 August 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—commission of a serious offense (your multiple violations of Article 90, UCMJ, disobeying your superior commissioned officer, and this separation is in accordance with a plea agreement on other pending legal action entered into between you and your chain of command), 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, waived consideration of his case by an administrative separation board 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 commander reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge.  On 30 August 2006, the separation authority directed that the applicant be discharged with a characterization of service of under other than honorable conditions.  The applicant was to be 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, supporting documents 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 or general 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.  Furthermore, the analyst determined that the applicant had many legitimate avenues through which to obtain assistance or relief, without committing the misconduct, which led to the separation action under review.  In view of the foregoing, 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: 6 August 2007              
Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: N/A

Witnesses/Observers: N/A 

Exhibits Submitted: N/A




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 3    No change 2   - 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.  The Board found that the overall length and quality of the applicant's service, to include his combat service, and the circumstances surrounding his 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 general, under honorable conditions.  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. Ron Williams, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: N/A
Other: N/A
RE Code:  
Grade Restoration:   No   Yes  Grade: N/A

XI.  Certification Signature and Date
Approval Authority: 

MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


MARY E. SHAW				DATE: 17 August 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060013362

Applicant Name:  Mr.        
______________________________________________________________________


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