Applicant Name: ?????

Application Receipt Date: 071009	

Prior Review    Prior Review Date: Record Review/070725

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

Issues: The applicant states, in effect, that his discharge should be upgraded to a full honorable, because he was punished for his ex-wife actions, while deployed to the middle east. 

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: 050527   
Chapter: 14    AR: 635-200
Reason: Misconduct
RE:     SPD: JKA
Unit/Location: Bravo Company, 299th Forward Support Battalion (WH87B0), APO AE 09226. 

Time Lost: None

Article 15s (Charges/Dates/Punishment): NIF

Court-Martials (Charges/Dates/Punishment): NIF

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Year/Month:  7510  
HOR City, State: Coventry, RI 02816
Current ENL Date: Reenl/000127    Current ENL Term: 4 Years  The applicant's Enlisted Records Brief, Section II shows his ETS date as 050531, it appears he extended to meet his overseas service obligation; however, the available documentation is not part of the available record.   
Current ENL Service: 5 Yrs, 4 Mos, 0 Days The net active service for the period under review on the applicant's DD Form 214, item 12c is incorrect, should be: 5 Years, 4 Months, 0 Days, and the total period of service should be: 9 Years, 5 Months 13 Days.  The applicant has a prior period of inactive service that is not shown on his DD Form 214.  
Total Service:  9 Yrs, 5 Mos, 13 Days ?????
Previous Discharges: ARNG-951214-960131/NA
                                      ADT-960201-960703/HD
                                      ARNG-960704-971115/NA
                                      RA-970116-000126/HD
Highest Grade: E-4
Performance Ratings Available: Yes    No 
MOS: 44B10 Metal Worker   GT: 89   EDU: HS Grad   Overseas: Germany   Combat: None
Decorations/Awards: GCMDL, NDSM, GWOTEM, GWOTSM, OSR

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

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 23 May 2005, the separation authority approved the findings and recommendations of the administartive separation board, and directed that the applicant be discharged from the service with a characterization of service of under other than honorable conditions.  The applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army.  However, the record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature.  His DD Form 214 indicates that he was discharged under the provisions of Chapter 14, Paragraph-12b, AR 635-200 by reason of misconduct-pattern of misconduct, with a characterization of service of under other than honorable conditions, and a reeentry eligibility (RE) code of "3."  On 24 January 2005, DA, Schweinfurt Transition Center, Ledward Barracks Bldg 290, APO AE, Orders 024-015, discharged the applicant from the Regular Army, effective date:  27 May 2005.  The applicant was to be reduced to the lowest enlisted rank. 

      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, but a general discharge 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, and the issue he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  The applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army.  However, the record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature.  This document identifies the reason and characterization of the discharge and the analyst presumed Government regularity in the discharge process.  The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, AR 635-200, Paragraph 12b by reason of misconduct-pattern of misconduct, with a characterization of service of under other than honorable conditions and a reeentry eligibility (RE) code of "3."  Barring evidence to the contrary, 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.  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.  In view of the foregoing, 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: 9 July 2008              
Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: Vietnam Veterans of America
                Attn: Mr. Marshall Nudge/VARO
                380 Westminster Street
                Providence, RI 02903 

Witnesses/Observers: Mr. Paul R. Tondreau/Witness 

Exhibits Submitted: The applicant submitted sixteen (16) additional documents in support of his hearing.




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 4    No change 1   - 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, hearing his testimony and considering the analyst’s recommendation and rationale, the Board determined that the characterization of service was too harsh and as a result, it is inequitable.  The Board found that the overall length and quality of the applicant's service, to include his combat service mitigated the discrediting entry in his service record.  Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to general, under honorable conditions.  However, the Board determined that the reason for discharge and the reentry eligibility (RE) code was both 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: 18 July 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070014987
______________________________________________________________________


Page 1 of 6 pages