Application Receipt Date: 060927	

Prior Review    Prior Review Date: None

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

Issues: Applicant states that he filed EEO complaints against three of his co-workers and was told by the commanding general that he should not fear retaliation when he questioned the fact that he would be working directly for one of these individuals.  He states he was targeted by these individuals, which caused him to get reduced in rank.  He states, in his frustration, he asked to be discharged.  He is asking for an upgrade and a reason change to "Hardship".

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: 060331
Discharge Received:     Date: 060621   
Chapter: 14-12b    AR: 635-200
Reason: Pattern of Misconduct
RE:     SPD: JKA
Unit/Location: 327th Quartermaster Battalion (Water), Lycoming Memorial USAR Center, Williamsport, PA 

Time Lost: None (DD 214 did not reflect lost time; however, applicant received an Article 15 for being AWOL 10-13 February 2006)

Article 15s (Charges/Dates/Punishment): 051013, failed to make full payment on his government credit card (040701-041030), failed to use his government credit card for military purposes only (040701-041030), wrongfully used his government telephone for personal long distance telephone calls (050103-050330 and 051201-060131), failed to perform his military duties due to conducting personal business during duty hours (041229-050725), wrongfully used his government computer for personal commercial gain (041229-050725), wrongfully used his government computer in a manner that interfered with official duties (041229-050725), and false official statements x 3 (050725), reduction to E-4, $978 x 2 (suspended $498 x 2), 30 days extra duty and restriction (suspended) (FG).  

060331, AWOL (060210-060213), wrongfully used his government telephone for long distance telephone calls for personal or personal business purposes (051201-060131), false official statements x 2(060222), and impersonated an agent of superior authority (060222), reduction to E-2, $713, oral reprimand (FG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  690211  
Current ENL Date: 981230    Current ENL Term: 8 Years  ?????
Current ENL Service: 7 Yrs, 5Mos, 21Days ?????
Total Service:  7 Yrs, 5Mos, 21Days ?????
Previous Discharges: USAR-981230-990211/NA
                                      ADT-990212-990626/UNC
                                      USAR-990627-040508/NA
Highest Grade: E5
Performance Ratings Available: Yes    No 
MOS: 42A (HR Spec)   GT: UNK   EDU: College Degree   Overseas: None   Combat: None
Decorations/Awards: GWOTSM, ASR
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 31 March 2006, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12b, AR 635-200, by reason of misconduct—failing to make full payment on his government credit card (040701-041030); failing to use his government credit card for military purposes only (040701-041030); wrongfully used his government telephone for personal long distance telephone calls (050103-050330 and 051201-060131); failed to perform his military duties due to conducting personal business during duty hours (041229-050725); wrongfully using his government computer in a manner that interfered with official duties (041229-050725); making false official statements x 5 (050725 and (060222); AWOL (060210-060213); and impersonating an agent of superior authority (060222), with a general discharge.  He was advised of his rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, and voluntarily waived consideration of his case by an administative board contingent upon receiving a characterization of service no less favorable than a general discharge.  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 a general discharge.  The available record does not contain the separation authority's discharge directive memorandum; however, the record contains a properly constituted DD Form 214 (Certificate of  Release or Discharge from Active Duty) that indicates the applicant was 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 analyst determined that the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief. 

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 28 November 2007              
Location: Washington, D.C.

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 1    No change 4   - 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: Esmeralda Proctor, 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: ?????

XI.  Certification Signature and Date
Approval Authority: 

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




Official: 


CHRISTINE U. MARTINSON			DATE: 29 November 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060013860

Applicant Name:  Mr.        
______________________________________________________________________


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