Application Receipt Date: 061109	

Prior Review    Prior Review Date: None

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

Issues: The applicant states, in effect that he is requesting an upgrade of my discharge from General to Honorable because I feel a General discharge does not fairly reflect the nature of my service. I served 4 years and 25 days of my 5 year enlistment. During those 4 years, I was ready to go to war no less than any other soldier. I served in the hostile environment of the Korean peninsula for 1 year, where I was prepared to fight for our country if needed. I sharpened my skills, including expert marksmanship designation. I obtained the rank of E-4, before being demoted. About 11 months prior to completing my 5 year enlistment, I received a General Discharge immediately after receiving an Article 15 for disrespecting a superior female officer in my unit. The text of the Article 15 overstated the facts and led to the discharge. The female Lieutenant who accused me of disrespect was very flirtatious with me and other soldiers. I admit that as a young kid, I was full of passion and lacking sense. My Article 15 stated that I made physical advances toward her. This was simply not true. I admit that I disrespected her by staring at her and smiling often, but she was doing the same to me. Contrary to my Article 15, I never made any physical advances or contact, and I never made verbal advances toward her. There is no place in the army for disrespect to superiors, but my actions did not warrant a General discharge after serving over 4 years and nearly completing my enlistment. I feel my discharge was unequitable because my circumstances were made to look much worse than they were. During my service I served the army with honor and loyalty. Though I may not have been the best soldier, I was always ready to go to war and I never hurt or laid a hand on any fellow soldier. I subjected myself to harm's way during my enlistment and came only a few months short of completing it. As a young man with not much sense, I got too friendly with a young officer and someone saw it and initiated action. I was soon after discharged. A honoable discharge would fairly reflect my service to this country. Thank you for your consideration.

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: 980407
Discharge Received:     Date: 980424   
Chapter: 14    AR: 635-200
Reason: Misconduct
RE:     SPD: JKA
Unit/Location: Company A, 104th Military Intelligence Battalion, 4th Infantry Division (Mechhanized), Fort Hood, TX  76544 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 980310, Behave himself with disrespect toward a 2nd LT x 2, (980210), (980210) and assaulted a 2nd LT (980217), (Field Grade)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  731212  
Current ENL Date: 940330    Current ENL Term: 5 Years  ?????
Current ENL Service: 4 Yrs, 0 Mos, 25 Days ?????
Total Service:  4 Yrs, 0 Mos, 25 Days ?????
Previous Discharges: None
Highest Grade: E3
Performance Ratings Available: Yes    No 
MOS: 97B10 Counterintelligence Agent   GT: 127   EDU: HS Grad   Overseas: Korea (950405-960404)   Combat: None
Decorations/Awards: NDSM, ASR, OSR
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 6 April 1998, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—pattern of misconduct (Article 15 for disrespecting and assaulting a superior commissioned officer, numerous negative counseling statements, to include failing to report to your appointed place of duty and being disrespectful to noncommissioned officers), 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 6 April 1998, the separation authority waived further rehabilitative efforts and 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 for the period of enlistment under review, and the issue he submitted, the analyst found several mitigating factors that would merit an upgrade of the applicant's characterization of service to fully honorable. The analyst does not condone the applicant’s misconduct; however, determined that the characterization of service was too harsh, and as a result it is now inequitable.  The analyst found that the applicant's misconduct was mitigated by service of sufficient length and the time that has elapsed since his discharge to warrant an upgrade of the discharge under reviewed.  However, the analyst determined that the reason for discharge remains both proper and equitable.  
      
      
      
      
      
      
      

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 25 April 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     No change    (Character)
		 			       	Change     No change    (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, voted to deny relief.  






















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: None
Other: None
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: 


MARY E. SHAW				DATE: 4 May 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060015830

Applicant Name:  Mr.        
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