Applicant Name: ?????

Application Receipt Date: 2007/10/01	

Prior Review    Prior Review Date: None

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

Issues: The Applicant states that his service was good and under the stress of combat.  He had a personal conflict with the unit commander and the issue was unresolved but he still performed his duties as an infantryman in combat.  Additionally, he requests that he be awarded the Purple Heart that is due to him due to an IED explosion that caused him a traumatic brain injury (TBI) in 2003 in Tikrit, Iraq.  He was thrown to the ground by the IED explosion and suffered a TBI.  Was MEDEVAC'd to Germany and later to Walter Reed.  He states his medical record will show that he was wounded as a result of enemy action.  He provides no supporting documentation.

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: 041220
Discharge Received:     Date: 050105   
Chapter: 14-12b    AR: 635-200
Reason: Misconduct
RE:     SPD: JKA
Unit/Location: HHC, 1-22 IN Bn, Fort Hood, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 030911, failure to report x 2 (030906 and 030908), 14 days restriction (Summarized)

040616, disobeyed a lawful order from an NCO (030424), reduction to E-1, 14 days extra duty and restriction (CG)

041104, wrongfully had sex with a woman not his wife (041017), wrongfully provided alcohol to a minor (041017), reduction to E-1, forfeiture of $596 x 2, 45 days extra duty and restriction (FG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Year/Month:  1983/10  
HOR City, State: New Prague, MN
Current ENL Date: 020815    Current ENL Term: 4 Years  ?????
Current ENL Service: 02 Yrs, 04Mos, 21Days ?????
Total Service:  02 Yrs, 04Mos, 21Days ?????
Previous Discharges: None
Highest Grade: E-3
Performance Ratings Available: Yes    No 
MOS: 11B10/Infantryman   GT: 105   EDU: HS Grad   Overseas: SWA   Combat: Iraq, dates not contained in the available record
Decorations/Awards: GWOTSM, NDSM, ASR, CIB

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

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The evidence of record shows that on 20 December 2004, 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 having received a summarized Article 15 (030911) for failure to report, for having received a company grade Article 15 (040616) for disobeying the lawful order from an NCO, for having received a field grade Article 15 (041104) for having sex with a married woman and providing alcohol to a minor, for numerous failures to report, failure to pay debts, failure to obey lawful orders, and for duty dereliction by sleeping on guard duty while posted as a sentinel in Iraq, 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, waived his right to an administrative separation board contingent upon receiving a general discharge, 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.  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 applicant’s military records, and the issue 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 found no evidence of arbitrary or capricious actions by the command.  The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  Additionally, the analyst noted the applicant's issue, about his request for the award of a Purple Heart, however, the correction that the applicant requests to be made to his DD Form 214, does not fall within the purview of this Board.  The applicant may apply to the Army Board for Correction of Military Records (ABCMR), utilizing DD Form 149 regarding this matter.  An application for that Board is enclosed.  Therefore, 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: 30 July 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 0    No change 5   - 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: 30 July 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070013732
______________________________________________________________________


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