Applicant Name: ?????
Application Receipt Date: 080103 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See attached DD Form 293 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: 051107
Discharge Received: Date: 060112 Chapter: 14-12b AR: 635-200
Reason: Pattern of Misconduct RE: SPD: JKA Unit/Location: HQ, 101st Airborne Div, Fort Campbell, KY
Time Lost: None
Article 15s (Charges/Dates/Punishment): 050407, Wrongfully and without authority wore the grade of E-4, Specialist, upon his uniform; Oral reprimand, 14 days extra duty and restriction (CG).
A counseling statement dated 050317 indicates that, prior to 050407, the Applicant received a company grade Article 15 for failing to go to his prescribed place of duty as well as a field grade Article 15 for violating his restriction from the previous Article 15; however, there are no specific facts or circumstances in the record of evidence regarding these actions.
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 20
Current ENL Date: 041109 Current ENL Term: 03 Years ?????
Current ENL Service: 01 Yrs, 02 Mos, 04Days ?????
Total Service: 03 Yrs, 02 Mos, 12 Days ?????
Previous Discharges: RA 020816-041108/HD
Highest Grade: E4 Performance Ratings Available: Yes No
MOS: 92Y Unit Supply Specialist GT: 95 EDU: HS Grad Overseas: Southwest Asia Combat: Kuwait/Iraq (030805-040411)
Decorations/Awards: NDSM, ASR, GWOTEM, GWOTSM
V. Post-Discharge Activity
City, State: Clarksville, TN
Post Service Accomplishments: None listed by the Applicant.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 7 November 2005, the unit commander notified the Applicant of initiation of separation action under the provisions of Chapter 14-12b, AR 635-200, by reason of misconductfor having received a company grade Article 15 for wearing the grade of Specialist on his uniform on 050224 and for having been counseled for missing formation on 050825, as well as evading an arrest warrant for domestic violence on 050901, and for having a history of simple assault, communicating threats and a domestic disturbance, with a general under honorable conditions discharge. The Applicant was advised of his rights, 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. On 27 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, 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 no mitigating factors that would merit an upgrade of the Applicant's discharge. The Applicants discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. By his misconduct, the Applicant diminished the quality of his service below that meriting a fully honorable discharge. The Applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the Applicants service mitigated the misconduct or poor duty performance. Therefore, 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: 24 October 2008 Location: Washington, D. C.
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 discharge was both proper and equitable and voted to deny relief.
IX. Board Decision
XI. Certification Signature
Board Vote: Approval Authority:
Character - Change 0 No change 5
Reason - Change 0 No change 5
(Board member names available upon request)
EDGAR J. YANGER
Colonel, U.S. Army
President, Army Discharge Review Board
Issue a new DD Form 214
Change Characterization to:
Change Reason to: No Change
Other: No Change
RE Code:
Grade Restoration: No Yes Grade: No Change
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20080000241
______________________________________________________________________________
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