Case Number AR20070015943

Applicant Name: 

Application Receipt Date: 071107	

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: 051121
Discharge Received:     Date: 060103   
Chapter: 14    AR: 635-200
Reason: Misconduct, Serious Offense
RE:     SPD: JKQ
Unit/Location: E Co, 1st BCT, 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:  820311  
Current ENL Date: 031119    Current ENL Term: 4  Years  ?????
Current ENL Service: 02  Yrs, 02 Mos, 15 Days ?????
Total Service:  02  Yrs, 02 Mos, 15 Days ?????
Previous Discharges: None
Highest Grade: E-4
Performance Ratings Available: Yes    No 
MOS: 88M10 Motor Transport Operator   GT: 96   EDU: HS Grad   Overseas: Southwest Asia   Combat: Kuwait/Iraq (040630-050531)
Decorations/Awards: ARCOM, NDSM, ICM, GWOTSM, ASR, 
V.  Post-Discharge Activity
Home of Record: 
Post Service Accomplishments: The applicant submitted three character reference letters and a supporting statement on his behalf.

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 21 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 commission of a serious offense, disobeyed a commissioned officer and adultery, he willfully disobeyed a lawful order issued by the unit commander to the unit on (051026), by engaging in a sexual relationship with the wife of a deployed Soldier (051030), 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.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.  The separation authority's documentation waiving further rehabilitative efforts and directing that the applicant be discharged from the service is not part of the available record and the analyst presumed Government regularity in the discharge process.  On 21 December 2005, DA, HQ, 101st Airborne Division (Air Assault) and Fort Campbell, Fort Campbell, KY, Orders 355-0714, discharged the applicant from the Regular Army, effective date:  3 January 2006. 

      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 issues and the documents he submitted, the analyst found several mitigating factors that would merit an upgrade of the applicant's 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.  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 length and quality of the applicant's service; to include his combat service, and the indepenent documentation submitted by the applicant mitigated the discrediting entries in his service record.  Accordingly, the analyst recommends to the Board 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: 6 February 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 2    No change 3   - 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 discharge was both proper and equitable and voted to deny relief.  




















 

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: None

XI.  Certification Signature and Date
Approval Authority: 

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

Official: 


CHRISTINE U. MARTINSON			DATE: 7 February 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

      
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