Case Number AR20070015228

Applicant Name:

Application Receipt Date: 071031	

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: 060222
Discharge Received:     Date: 060620   
Chapter: 14    AR: 635-200
Reason: Pattern Of Misconduct
RE:     SPD: JKA
Unit/Location: Co E, 2nd BCT, (Rear) (Provisional), Fort Campbell, KY 

Time Lost: None

Article 15s (Charges/Dates/Punishment): None

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  660412  
Current ENL Date: 030918    Current ENL Term: 3 Years  The applicant extended for 1 month (030923)
Current ENL Service: 02  Yrs, 09 Mos, 03 Days ?????
Total Service:  19  Yrs, 03 Mos, 15 Days ?????
Previous Discharges: USAR-851015-851107/NA
                                      ADT-851108-860328/NA
                                      USAR-860329-890326/NA
                                     RA-890327-910910/HD
                                     USARCG-910911-960304/NA
                                     ARNG-960305-970324/NA
                                     RA-000126-030917HD
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 92G10 Food Service Operations    GT: 124   EDU: HS Grad   Overseas: Southwest Asia   Combat: Saudi Arabia (Dates NIF)/Afghanistan (020413-021026)/
Decorations/Awards: ARCOM, AAM-2, AGCM, NDSM-2, SWASM-3 BSS, GWOTEM, GWOTSM, AFRSM-w/"M & X" Dev, ASR, OSR, KLM-SA, KLM-KU, OSB 
V.  Post-Discharge Activity
Home of Record: 
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 22 February 2006, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—pattern of misconduct for his discreditable involvement with military authorities and his history of domestic violence dating back to (050209), for which he is currently facing 7 counts of assault in U.S. District Court with a court date of (060403), with an under other than honorable conditions discharge.  He was advised of his rights. On 22 February 2006, the unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts. On 5 June 2006, the applicant consulted with legal counsel and voluntarily waived consideration of his case by an administrative separation board, and accepted the under other than honorable conditions discharge, contingent upon the command and trial counsel agreeing not to bring charges of any sort stemming from Ms. LS.  The applicant did not submit a statement in his own behalf.  On 7 June 2006, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than honorable conditions.  The applicant was to be reduced to the lowest enlisted rank.
      
      The analyst noted in the unit commander's recommendation memorandum that the separation action was initiated under the provisions of AR 635-200, Chapter 5-17 (0ther Designated Physical or Mental Conditions) in October of 2005, based on a diagnosis by competent medical authority for an adjustment disorder with mixed disturbance of emotions and conduct, and alcohol dependence.  At that time the 2nd Brigade Rear Detachment chain of command was not aware of the Soldier's history of domestic violence.  The unit commander stated that when the chain of command became aware of the duration and extent of the Soldier's domestic violence problems and the pending court actions, allowing the Soldier to separate with an honorable discharge was not justifiable.  The decision was made to halt the the separation proceedings pending the outcome of his civil trial and separate the applicant under the provisions of AR 635-200, Chapter 14 by reason of a civil court conviction. 
      

      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 military records during the period of enlistment under review, the issue and documents he submitted, the analyst recommends to the Board that the applicant’s characterization of service be upgraded to general, under honorable conditions.  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 is too harsh, and as a result it is inequitable.  While the applicant's misconduct is not condoned, the analyst found that the overall length and quality of the applicant's service; to include his combat service (2 tours), and the circumstances surrounding his discharge, mitigated the discrediting entries in his service record.  Accordingly, the analyst recommends that the applicant’s characterization of service be upgraded to general, under honorable conditions.  However, the analyst determined that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable.  This action entails a restoration of grade to SPC/E4.
      
      
      
       

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 4 January 2008              
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: 	       	Equitable	 	Inequitable	

DRB voting record:  		      Change 5    No change 0   - 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 is too harsh, and as a result it is inequitable. The Board determined that the overall length and quality of the applicant’s service, to include his combat service (2 tours), mitigated the discrediting entries 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 was both proper and equitable and voted not to change it.  This action entails a restoration of grade to SPC/E4.

Case report reviewed and verified by: Mr. Kenneth McFarley, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: None
Other: NA
RE Code:  
Grade Restoration:   No   Yes  Grade: SPC/E4

XI.  Certification Signature and Date
Approval Authority: 

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

Official: 


CHRISTINE U. MARTINSON			DATE: 4 January 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

     
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