Application Receipt Date: 080104	

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: 070410
Discharge Received:     Date: 070426    
Chapter: 14    AR: 635-200
Reason: Misconduct, (Serious Offense)
RE:     SPD: JKQ
Unit/Location: A Co, 3rd Bn, 1st SWTG (Airborne), Fort Bragg, NC 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 070321, violated a lawful general regulation, by having a personal relationship with a PFC, an initial entry training (IET) trainee, not required by the training mission between on or about (060901-061030), and with intent to deceive, made a false official statement to Special Agent DP (CID) x 2 (061101) and (061101, forfeiture of $2,173 x 2 and 45 days extra duty (GO). 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  650506  
Current ENL Date: OAD/041030    Current ENL Term: 2 Years  On 13 November 2006, Orders A-11-628307, ordered the applicant to active duty for an additional six months for the purpose of UCMJ processing with an end date of 26 April 2007.
Current ENL Service: 02  Yrs, 06 Mos, 23 Days ?????
Total Service:  23 Yrs, 04 Mos, 03 Days ?????
Previous Discharges: RA-850917-880614/HD
                                      RA-880615-891023/HD
                                      RA-891024-950712/HD
                                      RA-950713-970528/HD
                                      RA-970529-980330/HD
                                      USAR-980401-010317/NA
                                      USAR-010318-041011/NA
                                      AD-041012-041109/NA

Highest Grade: E-8
Performance Ratings Available: Yes    No 
MOS: 13S40 FA Surveyor   GT: NIF   EDU: NIF   Overseas: Southwest Asia/Korea    Combat: Southwest Asia (900831-910408)
Decorations/Awards: ARCOM-2, AAM-2, AGCM-4, ARCAM, NDSM-2, SWASM-2 BSS, GWOTSM, NCOPDR-2, ASR, OSR-3, AFRM-w/"M" Dev, KLW-SA, KLM-Kuwait, 
V.  Post-Discharge Activity
Home of Record: Fayetteville, NC
Current Address: 
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 10 April 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—commission of a serious offense for having inappropriate relationships with initial entry training (IET) trainees, made false official statements, and he failed to report inappropriate relationships between other cadre and the IET trainees, with an under other than honorable conditions discharge.  He was advised of his rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, requested consideration of his case by an administrative separation board, and did not submit  a statement in his own behalf.  The unit commander's recommendation for separation from the service and waiver of further rehabilitative efforts is part of the available record and the analyst presumed Government regularity in the discharge process.  On 19 April 2007, the applicant was notified to appear before the administrative separation board.  On 25 April 2007, the board met, applicant appeared with counsel; however, the findings and recommendation of the board is not part of the available record and the analyst presumed Government regularity in the discharge process.  The separation authority's document approving the findings and recommendation of the board directing that the applicant be discharged with a characterization of service is not part of the available record and the analyst presumed Government regularity in the discharge process.  The applicant's record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature.  His DD Form 214 indicates that he was discharged under the provisions of Chapter 14, AR 635-200, paragraph 12c by reason of misconduct, with a characterization of service of under other than honorable conditions.  Furthermore, the DD Form 214 shows a Separation Code of JKQ (i.e., misconduct- serious offense).  The applicant was to be reduced to the lowest enlisted rank.  
      

      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 documents he submitted, the analyst found several mitigating factors that would merit a partial upgrade of the applicant's characterization of service to general, under honorable conditions.  The analyst does not condone the applicant’s misconduct; however, the evidence in this case supports a conclusion that the characterization of service is too harsh, and as a result it is inequitable.  The analyst found that the overall length and quality of the applicant's service, mitigated the discrediting entries in his service record.  Accordingly, the analyst recommends that the applicant’s characterization of service be partially 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 MSG/E-8.
      
      

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 8 September 2008              
Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: The American Legion
                 Attn:  Ms. Queen Baker
                1608 K Street NW
                Washington, DC 20006

Witnesses/Observers: Mr. Roderick Barker (Co-Worker) 

Exhibits Submitted: The applicant submitted additional documents (statements/logs) in support of his personal appearance hearing.




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 4    No change 1   - 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, as a result it is inequitable.   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 MSG/E-8.















 

Case report reviewed and verified by:									        
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: MSG/E-8

XI.  Certification Signature and Date
Approval Authority: 

EDGAR J. YANGER
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


CHRISTINE U. MARTINSON			DATE: 9 September 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080000290

Applicant Name:  
______________________________________________________________________


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