Applicant Name: 

Application Receipt Date: 070802	

Prior Review    Prior Review Date: None

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

Issues: See enclosed DD Form 293 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: 060407
Discharge Received:     Date: 060523   
Chapter: 14    AR: 635-200
Reason: Pattern Of Misconduct
RE:     SPD: JKA
Unit/Location: E Btry, 2-44 ADAR, Fort Campbell, KY 42223 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 030904, disrespectful in language and deportment towards a 1LT, the continuation sheet is not part of the available record, forfeiture of $268, extra duty for 14 days and restriction for 14 days (CG).

030718, dereliction of duty x 2 (030711) and (030714), reduction to E-1, forfeiture of $268, extra duty for 14 days and restriction for 14 days (CG).

030616, dereliction of duty (030610), the continuation sheet is not part of the available record, reduction to E-2, forfeiture of $301 x 1, extra duty for 14 days and restriction for 14 days (CG). 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Year/Month:  8211  
HOR City, State: Laurel, MS
Current ENL Date: 050131    Current ENL Term: 4 Years  ?????
Current ENL Service: 01  Yrs, 03 Mos, 23 Days ?????
Total Service:  04  Yrs, 01 Mos, 00 Days ?????
Previous Discharges: RA-020424-050130/HD
Highest Grade: E-4
Performance Ratings Available: Yes    No 
MOS: 74D10 Chemical Operations Spec   GT: 108   EDU: GED Cert   Overseas: Southwest Asia   Combat: Iraq (030427-040402) and (050501-051216)
Decorations/Awards: NDSM, ICM, GWOTEM, GWOTSM, ASR,  

V.  Post-Discharge Activity
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 7 April  2006, 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 for sleeping while on guard duty in    support of Operation Iraqi Freedom (OIF) x 2 (030610) and (030714), failed to maintain accountability of his M4 x 2 (031123) and (051211), failed to maintain accountability of his night vision goggles (050512), discharged a M2/.50 Cal weapon system causing another Soldier to loose his thumb, the applicant told his team leader that the weapon was cleared, when in fact it was not (051025), with an under other than honorable 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.  On 6 March 2006, the applicant was notified to appear before an administrative separation board and advised of his rights. On 11 April 2006, the administrative separation board convened.  The applicant appeared with counsel.  The board recommended that the applicant be separated from the service for his misconduct and issuance of an under other than honorable conditions discharge.  On 8 May 2006, the separation authority approved the recommendation of the administrative separation board and directed that the applicant be discharged with a characterization of service of under other than honorable conditions.
      
      The applicant was administratively reduced in grade from E-4 to E-3, effective date 20 November 2005.
      The applicant's record contains an AR 15-6 investigation dated 12 November  2005.

      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 during the period of enlistment under review and the issues 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.  Furthermore, the analyst noted the applicant's issue; even though the applicant claims that his offense was isolated, the analyst concluded that the applicant committed many discrediting offenses, which constituted a departure from the standards of conduct, expected of Soldiers in the Army.  Having examined all the circumstances, the analyst determined that the applicant’s numerous incidents of misconduct did indeed adversely affect the quality of service, brought discredit on the Army, and was prejudicial to good order and discipline.  In view of the foregoing, 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: 5 September 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 2    No change 3   - 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.  























								        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: None
Other: NA
RE Code:  
Grade Restoration:   No   Yes  Grade: None

XI.  Certification Signature and Date
Approval Authority: 

EDGAR J. YANGER
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


CHRISTINE U. MARTINSON			DATE: 8 September 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070010703
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