Applicant Name: ?????
Application Receipt Date: 07/07/27
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 and documents submitted by the applicant.
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: 070208
Discharge Received: Date: 070320
Chapter: 14-12c AR: 635-200
Reason: Misconduct (Serious Offense)
RE: SPD: JKQ
Unit/Location: C Troop, 4-73 CAV, 82nd Airborne Div, Fort Bragg, NC
Time Lost: None
Article 15s (Charges/Dates/Punishment): None
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Year/Month: 8310
HOR City, State: Newark, DE
Current ENL Date: 040805 Current ENL Term: 4 Years ?????
Current ENL Service: 02 Yrs, 07Mos, 16Days ?????
Total Service: 05 Yrs, 08Mos, 09Days ?????
Previous Discharges: RA-010712-040804/HD
Highest Grade: E6
Performance Ratings Available: Yes No
MOS: 11C3P Indirect Fire Infantry GT: 102 EDU: GED Overseas: Afghanistan (030109-030725) Combat: Irag x2 (040113-040413 & 050904-051213)
Decorations/Awards: BSM, PH, ARCOM x2, AAM, MUC, ASUA, NDSM, GWOTSM, ICM, NPDR, ASR, CIB, EIB
V. Post-Discharge Activity
Post Service Accomplishments: Not Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 8 February 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconductfor having commited a violation of Article 134, UCMJ (Adultery), 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 submited a statement in his own behalf; however, his statement is NIF. 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 26 February 2007, 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, however, a general under honorable conditions or an honorable discharge may be granted.
c. Response to Issues, Recommendation and Rationale:
After a careful review of all the applicants military records, and the independent evidence he submitted, the analyst recommends to the Board that the applicants characterization of service be upgraded to fully honorable. This recommendation was made after full consideration of his faithful and honorable service, as well as his record of misconduct. The evidence in this case supports a conclusion that the applicants characterization of service was too harsh, and as a result it is inequitable. While the applicant's misconduct is not condoned, the overall length and quality of the applicant's service, to include his awards of the Bronze Star Medal, and Purple Heart during his combat tours and, the circumstances surrounding his discharge, mitigated the discrediting entries in his service record. Accordingly, the analyst recommends that the applicants characterization of service be upgraded to fully honorable. However, the analyst determined that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 16 July 2008
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 5 No change 0 - Character
Change 0 No change 5 - Reason
(Board member names available upon request)
IX. Board Discussion, Determination, and Recommendation
After carefully examining the applicants record of service during the period of enlistment under review and considering the analysts recommendation and rationale, the Board determined that the characterization of service was too harsh based on the applicants length and quality of his service to include his combat service and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable. The Board determined that the reason for discharge was proper and equitable and voted not to change it.
X. Board Action Directed
No Change
Issue a new DD Form 214
Change Characterization to:
Change Reason to: HD
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: 16 July 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20070010454
______________________________________________________________________
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