Application Receipt Date: 060927	

Prior Review    Prior Review Date: 010516/Record

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

Issues: See applicant's attached DD Form 293 and supporting document.

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: 980605
Discharge Received:     Date: 980724   
Chapter: 14    AR: 635-200
Reason: Misconduct
RE:     SPD: JKB
Unit/Location: 42th Military Police Detachment, 16th Military Police Brigade, Fort Bragg, NC 

Time Lost: None

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

Letter of Reprimand: The applicant received a Company Grade Letter of Reprimand on (920406), for instructing a (SPC) to operate his privately owned vehicle while intoxicated.

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  590629  
Current ENL Date: 901025    Current ENL Term: 06 Years  (Extended enlistment 21 months on (960724), for a new ETS of (980724).
Current ENL Service: 07 Yrs, 09Mos, 00Days ?????
Total Service:  20 Yrs, 01Mos, 04Days ?????
Previous Discharges: RA-780621-820615/HD
                                      RA-820616-850407/HD
                                      RA-850408-901024/HD
Highest Grade: E6
Performance Ratings Available: Yes    No 
MOS: 63B10 (Light Wheel Vehicle Mechanic)   GT: 109   EDU: HS Grad   Overseas: Germany, Korea   Combat: None
Decorations/Awards: ARCOM, AAM (4th Award), AGCM (6th Award), NDSM, HSM, NCOPDR, ASR, OSR (3d Award), 
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 29 June 1998, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l4, AR 635-200, by reason of misconduct—commission of a serious offense ( applicant was convicted in the General Court of Justice, Superior Court Division in the State of North Carolina, Cumberland County of felony child abuse, and indecent liberties with a child.  He was sentenced to 20-24 months confinement, suspended for 60 months for the offense of indecent liberties with a child and 20-33 months confinement and a $1000.00 fine, suspended for 60 months for the offense of felony child abuse), with an under other than conditions discharge.  He was advised of his rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, requested 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.  On 14 July 1998, the applicant was notified to appear before a board of officers.  The board met; applicant appeared with counsel.  The board recommended separation with an under other than honorable conditions discharge. On 20 July 1998, the separation authority recommended approval of the board’s findings and recommendation for separation with issuance of an under other than honorable conditions discharge.  On 20 July 1998, the staff judge advocate recommended that the applicant’s case be forwarded to PERSCOM for final determination with a recommendation for approval of an under other than honorable conditions discharge.  On 24 July 1998, the Assistant Secretary of The Army for Manpower and Reserve Affairs approved the recommendation for separation with issuance of an under other than honorable conditions discharge.
      
      The applicant has a CID Report of Investigation dated 14 January 1997, in his Official Military Personnel File and a approved Bar to Reenlistment dated 9 July 1997.

      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 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 found no evidence of arbitrary or capricious actions by the command.  The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  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: 2 July 2007              
Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: Mr. William Cassara
                 PO Box 2688
                 Evans, GA  30809

Witnesses/Observers: Ms. Theletha Sanford/ Fiancee 

Exhibits Submitted: None




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, hearing his testimony 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 now inequitable.  The Board determined that the overall length and quality of the applicant's service and his post service accomplishments, 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.  This action does entail a grade restoration to staff sergeant/E6.















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: SSG

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 July 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060013817

Applicant Name:  Mr.        
______________________________________________________________________


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