Applicant Name: ?????
Application Receipt Date: 07/10/29 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 and documents submitted by the applicant.
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: 010925
Discharge Received: Date: 011015 Chapter: 14 AR: 635-200
Reason: Misconduct RE: SPD: JKQ Unit/Location: 984th MP Co, 759th MP BN, 43d ASG, Fort Carson, CO
Time Lost: None
Article 15s (Charges/Dates/Punishment): 010803, willfully disobeyed a lawful order , and disrespectful in language towards a noncommissioned officer (010626), forfeiture of $401.00, and 14 days of restriction (CG).
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 23
Current ENL Date: 010305 Current ENL Term: 3 Years ?????
Current ENL Service: 00 Yrs, 03Mos, 07Days ?????
Total Service: 05 Yrs, 00Mos, 01Days ?????
Previous Discharges: RA-961015-981028/HD
RA-981029-010304/HD
Highest Grade: E5 Performance Ratings Available: Yes No
MOS: 95B MP GT: 117 EDU: HS Grad Overseas: None Combat: None
Decorations/Awards: ARCOM, AAM, AGCM, AFEM, ASR.
V. Post-Discharge Activity
City, State: Fort Carson, CO
Post Service Accomplishments: The applicant states that he has completed the 36 weeks Domestic Violence Treatment Program, will complete a Bachelor of Arts in History by August 08, and currently working at the Davidson Fitness Center at Fort Leonard Wood, supporting documents are enclosed.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 25 September 2001, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconductfor unlawfully kicking his wife in the head, pinned her down, head butted her, threw her onto the ground, and chocking her; disobeyed a lawful order, disrespectful in language to a noncommissioned officer (010626); and failed to be at appointed place of duty (001020), 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 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. On 3 October 2001, 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 applicants military records, and the issue he submitted, the analyst found several mitigating factors that would merit an upgrade of the characterization of service to fully honorable. This recommendation was made after full consideration of his faithful and honorable service, as well as his record of misconduct. While the applicant's misconduct is not condoned, the evidence in this case supports a conclusion that the characterization of service was too harsh, and as a result it is now inequitable. The analyst determined that the overall length and quality of the applicant's service to include his post service accomplishments mitigated the discrediting entries in his service record. Accordingly, the analyst recommends to the Board that the applicants characterization 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, DC
Did the Applicant Testify? Yes No
Counsel: NA
Witnesses/Observers: NA
Exhibits Submitted: NA
VIII. Board Discussion, Determination, and Recommendation
After carefully examining the applicants record of service during the period of enlistment under review and considering the analysts recommendation and rationale, the Board determined that the characterization of service was too harsh based on the applicants length and quality of his service to include his post service 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 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 3 No change 2
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: ?????
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20070015223
______________________________________________________________________________
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