Applicant Name: ?????

Application Receipt Date: 07/09/05	

Prior Review    Prior Review Date: None

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

Issues: At the time I made a bad decision involving the theft of items at the AAFES Main PX Exchange.  I was given a field grade Article 15, reduced to the grade of E5 and given a General discharge (Under Honorable Conditions) with a re-entry code of (3).  Since that time I re-entered the military (7years ago) and have achieved the grade of E8 (Master Sergeant).  I also have the desire to become a Warrant Officer but poor decisions I have made in the past continue to hinder my progression today.  I am asking that the board upgrade my General discharge to Honorable and my RE code-3 to 1.  With this change I can continue to progress in the military.  I have learned my lesson from my actions in 1998 and understand I must live all seven of the Army Values.  It has been almost ten years since receiving the General discharge and I have not displayed any Misconduct (civilian or military related) in this time period. Please take this in consideration when reviewing my case.

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: NIF
Discharge Received:     Date: 980602   
Chapter: 14-12c    AR: 635-200
Reason: Misconduct
RE:     SPD: JKQ
Unit/Location: Co B, 5th BN, 87th INF (L), Fort Kobbe 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 980205, made false sworn statement with intent to deceive the CID (980106).  Steal three bottles of Phosphagen supplements from AAFES a value of about $125.85 (971223).  Steal the Beatles Anthology video from AAFES a value of about $109.99, reduction to E5, (suspended), forfeiture $850.00 for two months (971227), (FG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Year/Month:  6707  
HOR City, State: Hempstead, NY
Current ENL Date: 950328    Current ENL Term: 3 Years  , extended to 3 years, 9 months on 961121
Current ENL Service: 03 Yrs, 02Mos, 12Days ?????
Total Service:  10 Yrs, 08Mos, 11Days ?????
Previous Discharges: RA-870922-900515/HD
                                      RA-900516-930920/HD
                                      RA-930921-950327/HD
                                                                          

Highest Grade: E6
Performance Ratings Available: Yes    No 
MOS: 11B Infantryman   GT: 111   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: ARCOM, AAM x2, AGCM x3, NDSM, AFEM, NPDR x2, ASR, OSR.

V.  Post-Discharge Activity
Post Service Accomplishments: Record indicated that the applicant rejoined the Maryland Army National Guard and achieved the rank of MSG.  

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The evidence of record shows that the applicant was discharged from the Regular Army, effective 2 June 1998.  The record contains a properly constituted DD form 214 (Certificate of Release or Discharge from Active Duty).  His DD Form 214 indicates that he was discharged under the provisions of Chapter 14, AR 635-200, paragraph 12c by reason of misconduct, with a characterization of service of general, under honorable conditions.  Furthermore, the DD Form 214 shows a Separation Code of JKQ (i.e., misconduct).  The specific facts and circumstances leading to the applicant’s discharge are not contained in the available records.  

      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 applicant’s military records, and the independent evidence he submitted, the analyst recommends to the Board that the applicant’s 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 applicant’s 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, the time that has elapsed since his discharge, and his post service accomplishments in the Maryland Army National Guard where the analyst noted he achived the rank of MSG, mitigated the discreditting entry in his service record.  Accordingly, the analyst recommends that the applicant’s 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: 30 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 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 characterization of service was too harsh based on the applicant’s length and quality of his service, the time that has elapsed since his discharge, and post service accomplishments, 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: 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: 30 July 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070012350
______________________________________________________________________


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