Case Number AR20070015940

Applicant Name:  

Application Receipt Date: 2007/11/07	

Prior Review    Prior Review Date: None

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

Issues: See enclosed DD Form 293 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: 051102
Discharge Received:     Date: 060111   
Chapter: 14-12A    AR: 635-200 
Reason: Misconduct (Minor infractions)
RE:     SPD: JKN
Unit/Location: A Co, 40th Sig Bn, 11th Sig Bde, Ft Huachuca, AZ 85613 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 050204// Failure to go to appointed place of duty x3 (050107, 041229, 050111), and derelict in performance of duty to wit: fail to lock the mail room (050111); reduced to E3, forfeiture of $382.00 (suspended), 14 days extra duty. (CG).

051012// Failure to go to appointed place of duty x3 (050811, 050923, 050926), and disobeyed a lawful order from a SFC (050926); reduced to E2, forfeiture of $323.00 (suspended), and 14 days extra duty. (CG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  800920  
Current ENL Date: 990203    Current ENL Term:   6  Years  8 mos; Applicant extended his current enlistment 8 mos on 010925 in order to meet remaining requirement for select CONUS assignment.  The applicant's Enlisted Records Brief, Section III reflects an ETS date of 070531.   

Current ENL Service:   06   Yrs,   11 Mos,   09  Days ?????
Total Service:    06   Yrs,   11 Mos,   09  Days ?????
Previous Discharges: The applicant's DD214 blk 18 indicates the applicant completed his first full term of enlistment, however, the file is void of any documents indicating the applicant had re-enlisted.  
Highest Grade: E4 
Performance Ratings Available: Yes    No 
MOS: 25B10   GT:   107     EDU: HS Grad   Overseas: None   Combat: Kuwait  (021120-031120)
Decorations/Awards: ASR / NDSM / GWOTSM / GWOTE / GCMDL / JMUA/ ASUA
V.  Post-Discharge Activity
Home of Record: 
Post Service Accomplishments: Applicant states he is a government  contractor but does not provide any supporting documents.

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 2 November 2005, 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 failure to go to appointed place of duty x 6 (050107, 041229, 050111, 050811, 050923, 050926) and disobeying a non-commissioned officer (050926) 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, waived consideration of his case by an administrative separation board contingent upon him receiving a characterization of service no less favorable than an honorable discharge, and did 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 16 December 2005, 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, 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, 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, his combat service, and his post service accomplishments 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: 15 February 2008              
Location: Washington D.C.

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 was too harsh based on the applicant's length of service, combat service and his post service accomplishments 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. 
 

Case report reviewed and verified by: Edgar Yanger, Examiner									        
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 February 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

    
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