Applicant Name: 

Application Receipt Date: 2007/10/12	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The Applicant in fact states.  "I received a General discharge under Honorable Conditions for disrespect to a non-commissioned officer.  I have made my mistakes like many others, and like most of them, I have learned from it. I believe that my performance while in the Army was that of a properly trained soldier.  I averaged a 342 APFT score as well as maintained my expert weapons proficiency in all the required weapon systems.  I was awarded the Army Good Conduct Medal, Army Achievement Medal, Army Commendation Medal, Afghanistan Expeditionary Medal, and Global War on Terrorism Medal, Driver proficiency badge, Army Physical Fitness badge, and numerous COAs.  During my time in service, I held several positions. The first leadership position I held was as a team leader for 3rd squad 4th platoon 82nd MP CO. This position was trusted to me only three weeks after I reached the unit, and was given to me over several higher ranking soldiers. During my tenure as team leader, I was also placed as acting squad leader when our squad leader went on leave.  I then went on to NTC in Ft. Irwin, CA, in support of 3rd BDE 505th 82nd ABN DIV. While assigned to this unit, I was awarded an Army Achievement Medal for outstanding achievement. This was awarded to me by COL James Huggins HQs 3rd BDE, 82nd ABN DIV Commanding. Then I went on to JRTC, Ft Polk, La. in support of 1st BN 504th 82nd ABN DIV to finish pre-deployment training.  After completing training, I went on to Afghanistan with 1/82 MP Co in support of Operation Enduring Freedom.  I was assigned as a gunner and driver, and completed over 174 documented missions.  While in Afghanistan, I was awarded an Army Commendation Medal for “Exceptionally meritorious service while serving with Task Force Devil during Operation Enduring Freedom.” This was awarded to me by COL John F. Campbell HQs 1st BDE, 82D ABN DIV.  I have maintained an example of a good soldier even in the civilian world. In my current and past work places I got compliments on a daily basis on how well the Army trained me to be an example for others. I am also a member of Manna Church in Fayetteville, NC, which has continued where the Army left off in teaching me good, honest values and morals.  My current discharge is preventing me from attaining my goal of continuing in the Law Enforcement field, which has been my passion since I was a young child. I served my country with great pride and honor, and if I had been given a choice, I would have continued to serve my country.  I believe that I was a good soldier and had several NCOs that thought likewise of me. For these reasons, I believe that my discharge should be upgraded.  Thank you in advance for your consideration on this matter."

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   NA

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: 040719
Discharge Received: 			   Date: 040820   Chapter: 14       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKQ   Unit/Location: 82d MP Co, 82d Abn Div, Fort Bragg, NC 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 040310, disobeyed a lawful order from an NCO "not to conduct PT on his own" (040224), reduction to E-3, forfeiture of $183.00, 14 days extra duty (CG), appealed and denied.

040621, failure to report x 3 (040603, 040512, 040316), reduction to E-2 (suspended), forfeiture of $240, 14 days of extra duty and restriction (CG), appealed and denied.

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 000817    Current ENL Term: 5 Years  ?????
Current ENL Service: 	04 Yrs, 00Mos, 04Days ?????
Total Service:  		04 Yrs, 00Mos, 04Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 31B10/Military Policeman   GT: 113   EDU: HS Grad   Overseas: Afghanistan   Combat: Afghanistan (030104-030815)
Decorations/Awards: ARCOM, AAM, GCM, NDSM, GWOTSM, GWOTEM, ASR

V.  Post-Discharge Activity
City, State:  Spring Lake, NC
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 19 July 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 being disrespectful to a NCO, 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, and submitted a statement in his own behalf.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  On 29 July 2004, 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, the issue 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 and his combat tour in Afghanistan for which he earned the Army Commendation Medal,  mitigated the discrediting entries 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: 12 September 2008         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA

VIII.  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 to include his combat service and as a result it is inequitable.  The Board noted that the applicant was awarded the Army Commendation Medal for service in Afghanistan under combat conditions for exceptional meritorious service under the most extreme and austere conditions.  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.  
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 5    No change 0
Reason -     Change 0    No change 5
(Board member names available upon request)
								         EDGAR J. YANGER			 
Issue a new DD Form 214  					         Colonel, U.S. Army
Change Characterization to: 			         President, Army Discharge Review Board 
Change Reason to:  
Other: NA										
RE Code: 									 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070014010
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