Application Receipt Date: 060810	

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: 040913
Discharge Received:     Date: 040924   
Chapter: 14    AR: 635-200
Reason: Misconduct
RE:     SPD: JKQ
Unit/Location: B Company, 1st Battalion, 508th Airborne, Unit 31401, APO AE 09630 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 040701/Willfully damage by kicking in the door of military property on or about (040507), failed to go at the time prescribed to his appointed place of duty on or about (040514), willfully kicking in the door of military property costing damage in the amount of about $900.00, unlawfully enter the barracks room of a (SPC), wrongfully communicated to that same (SPC) and another (SPC) a threat to injure by stating " I am going to beat your ass, I am going to kick your ass too, and I am going to kick the shit out of you" or words to that effect, wrongfully communicated to a (SSG) and (SGT) "I will kick your ass" or words to that effect, resisting being apprehended by a (SGT) and (SPC) who were military police, wrongfully communicating a threat to a (SGT) and (SPC), a threat to injure by stating "I am going to kill you (SPC)", or words to that effect, unlawfully assaulted a (SPC) by spitting on him, and drunk and disorderly conduct on or about (040531)/(Field Grade).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  800812  
Current ENL Date: 030506    Current ENL Term: 03 Years  (On (030519) the date applicant voluntarily extended his enlistment for 2 months, giving him a new ETS of (060705)).
Current ENL Service: 01 Yrs, 04Mos, 19Days ?????
Total Service:  05 Yrs, 01Mos, 27Days ?????
Previous Discharges: RA-990728-030505/HD
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 92A1P (Automated Logistical Specialist)   GT: 101   EDU: HS Grad   Overseas: Italy   Combat: (The applicant makes reference to having been deployed to Iraq from (030814-040219), however, his available records do not show he served in Iraq). 
Decorations/Awards: AGCM, ARCOM, NDSM, ASR, GWOTSM, Parachutist Badge, Certificate of Achievement.  (The applicant makes reference to having received the CIB and a ARCOM while serving in Iraq.  However, the documentation is not part of the available records) 
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 13 September 2004, 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 (damage to government property on 7 May 2004, failing to report to accountability formation on 14 May 2004, damage to government property with the said damage to be a sum of about $900.00 on 31 May 2004, unlawfully entering the barracks of a SPC on 31 May 2004, communicating a threat to two SPC's "to beat your ass, I am going to kick your ass, I am going to kick the shit out of you" or words to that effect, on 31 May 2004, communicating a threat to a SSG and SGT to wit "I will kick your ass", or words to that effect on 31 May 2004, resisting apprehension by a SGT and SPC, known to be military police, communicating a threat towards the military police SPC "I am going to kill you" or words to that effect on 31 May 2004, assault on that same SPC by spitting in his face on 31 May 2004, and being drunk and disorderly on 31 May 2004), with a general, under 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 commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.  On 16 September 2004, the separation authority directed that the applicant be 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, the discharge is improper.  The analyst noted that the unit commander used “Board Procedures” when notifying the applicant that he was initiating action to separate him under the provisions of Chapter 14, AR 635-200, by reason of misconduct.  By using “Board Procedures” the authority for approval of the applicant’s separation rested with the General Court-Martial Convening Authority.  The evidence of record shows that someone other than the General Court-Martial Convening Authority approved the applicant’s discharge.  In view of the foregoing, the discharge was improper.  Accordingly, full relief in the form of an upgrade of the characterization of service to fully honorable and a change to the narrative reason for separation to Secretarial Authority is recommended to the Board.  This action does not entail a change to the reentry eligibility (RE) code; however, the Board can consider it.

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 29 August 2007              
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: 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: NA

XI.  Certification Signature and Date
Approval Authority: 

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

Official: 


CHRISTINE U. MARTINSON				DATE: 20 September 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060014047

Applicant Name:  Mr.      
______________________________________________________________________


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