Applicant Name: ?????

Application Receipt Date: 070926	

Prior Review    Prior Review Date: None

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

Issues: See enclosed DD Form 293 and attached 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: NIF
Discharge Received:     Date: 061012   
Chapter: 14-12C    AR: 635-200
Reason: Misconduct (Serious Offense)
RE:     SPD: JKQ
Unit/Location: 1st Bn BCT, Ft  Meade, MD  

Time Lost: None

Article 15s (Charges/Dates/Punishment): 060409, Conspiracy to apply for, signing of an official application with false pretense, and receipt of a false military dependent identification (ID) card (050630), signing a sworn statement denying knowledge of and participation in obtaining a false military dependent ID card (051206), making a false statement to a commissioned officer denying participation in the attempt to obtain a false military dependent ID card (051220), having sexual relations with a married woman x 2 (050731 and 060901), cohabitating and having sexual relations with a married woman (060113-060215),  forfeiture of $1866.00 pay per month for 2 months, extra duty for 30 days, oral reprimand (FG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Year/Month:  63/06  
HOR City, State: Columbia, IN
Current ENL Date: 040727    Current ENL Term: Indefinite Years  ?????
Current ENL Service: 07 Yrs, 06 Mos, 29 Days ?????
Total Service:  24 Yrs, 01 Mos, 18 Days ?????
Previous Discharges: RA 820908-910922/HD
                                      ARNG 911209-970824/HD
Applicant's available military record is incomplete, however Applicant's DA Form 1506, Statement of Service, HRC, St Louis, states Applicant had a break in service from 910923-911208, was in the ANG Active Duty 911209-970824, was active in the USAR 970825-990313 and, was in the USAR, Active Duty 990314-061012.
Highest Grade: E-7
Performance Ratings Available: Yes    No 
MOS: 42A Human Resources Specialist   GT: 112   EDU: HS Grad   Overseas: Germany, SWA   Combat: Kuwait (030412-040413)
Decorations/Awards: AAM (2), USN/USMC Pres Unit Citation, AGCM (2), NDSM (2), GWOTEM, GWOTSM, NCOPDR (2), ASR, AFRM, OSR

V.  Post-Discharge Activity
Post Service Accomplishments: None listed by Applicant.

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The evidence of record shows that the unit commander notified the Applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—for conspiracy to apply for, signing of an official application with false pretense, and receipt of a false military dependent identification (ID) card (050630), signing a sworn statement denying knowledge of and participation in obtaining a false military dependent ID card (051206), making a false statement to a commissioned officer denying participation in the attempt to obtain a false military dependent ID card (051220), having sexual relations with a married woman (050731 and 060901), cohabitating and having sexual relations with a married woman (060113-060215), with an under other than honorable discharge.  On 22 May 2006, the Applicant consulted with legal counsel and requested consideration of his case by an administrative separation board.  On 11 June 2006, the Applicant was notified to appear before an administrative separation board and advised of his rights.  On 24 July 2006, the administrative separation board convened.  The Applicant appeared with counsel.  The board recommended that the Applicant be discharged with issuance of a character of service of general, under honorable conditions.  On 10 August 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 general, under honorable conditions.  Analyst noted Applicant's DD Form 214, block 27, reentry code is annotated as 'NA'.  The appropriate reentry code for Separation Code 'JKQ' is 'RE3'.

      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 available military records during the period of enlistment under review, the issues and documents he submitted, the analyst recommends that the Applicant’s characterization of service be upgraded to fully honorable conditions.  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 analyst noted that the overall length and quality of the Applicant's service, to include his combat service, and the supporting documents provided by the Applicant, mitigated the discrediting entries in his service record.  Accordingly, the analyst recommends to the Board that the Applicant’s characterization of service be upgraded to fully honorable conditions.  However, the reason for discharge remains both proper and equitable.  Further recommend the Board change Applicant's reentry code to 'RE3'.

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 27 August 2008              
Location: Washington, D.C.

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: 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: 27 August 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070013363
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