Applicant Name: ?????

Application Receipt Date: 071012	

Prior Review    Prior Review Date: None

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

Issues: See 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: 020603
Discharge Received:     Date: 020409   
Chapter: 14-12c    AR: 635-200
Reason: Misconduct
RE:     SPD: JKQ
Unit/Location: HQ, 412th EN, Fort Polk, LA 

Time Lost: None 

Article 15s (Charges/Dates/Punishment): 011014, failure to obey regulation (010705), wrongfully appropriate a govt vehicle (010705) and make a false statement with the intent to deceive (010912), forfeiture of $1474 X 1 (susp) and letter of reprimand to be filed in OMPF performance fiche (FG)  

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Year/Month:   6003  
HOR City, State: Waynesboro, MS
Current ENL Date: 990801    Current ENL Term: 6 Years  ?????
Current ENL Service: 02 Yrs, 10Mos, 02Days ?????
Total Service:  24 Yrs, 06Mos, 02Days , include 17 years, 2 months, 17 days of inactive service.
Previous Discharges: RA 780713-810720/HD
                                    RA 810721- 831211/HD
                                    USAR 831212-861202/HD
                                    USAR 861203-900312/HD
                                    USAR 090313-951030/HD
                                    USAR 951031-990731/HD


Highest Grade: E-7
Performance Ratings Available: Yes    No 
MOS: 73C10 FIn Spec   GT: 104   EDU: Junior College (2 Yrs)   Overseas: Germany   Combat: None
Decorations/Awards: ARCOM, ARCAM, NDSM-2, NCOPD, ASR, OSR

V.  Post-Discharge Activity
Post Service Accomplishments: Since his discharge the applicant states he has become a minister and now has two churches.  

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
The evidence of record shows that on 14 February 2002, 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 being diagnosed in a mental status evaluation of having multiple complaints or issues of disturbances that impair your ability to perform military duties effectively (020212), wrongful appropriation and use of a government vehicle X 2 (010605 and 011014),  false statement (010912), alteration of two checks in the amount of $1173.54 from Red Cross, altercations and aggressive nature toward two fellow employees (011026), writing two bad checks in the amount of $803.75 from the unit fund (0111 and 0201) and making threats toward members of the command (020214), with an under other that honorable conditions discharge.  He was advised of his rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an Administrative Separation Board and submitted a statement in his own behalf.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  The intermediate commanders reviewed the proposed discharge action and recommended approval of the separation action with a other than honorable conditions discharge.  On 09 April 2002, the separation authority approved the discharge and waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of other than honorable conditions.
      
      
      The file contains a medical evaluation board reporte dated 22 Feb 02
      
      The file contains mental status evaluation dated 12 Feb 02.  

      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 and documents 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 or general 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.  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: 080822              
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: 	       	Proper	 	Improper	
						Equitable	 	Inequitable	

DRB voting record:  		      Change 3    No change 2   - 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 and the circumstances surrounding his misconduct 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 general under honorable conditions.  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: E-7/SFC

XI.  Certification Signature and Date
Approval Authority: 

MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


CHRISTINE U. MARTINSON			DATE: 080824
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070013971
______________________________________________________________________


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