Applicant Name:  ?????

Application Receipt Date: 2008/01/10	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See enclosed DD Form 293 and attached documents (2) 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: 040112
Discharge Received: 			   Date: 040220   Chapter: 14       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKQ   Unit/Location: Springfield Recruiting Company, US Army Recruiting Battalion Albany, Chicopee, MA 01022. 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 031021, Wrongfully engaging in sexual intercourse with a member of the Delayed Entry Program x 2 (030630), (030630), with intent to deceive, made an official statement, which was false (030729), with intent to defraud, made the signature of a female (030814), committed sodomy (030630), and wrongfully endeavored to influence the testimony of a female witness before an investigating officer (030806), reduction to Sergeant (E-5), forfeiture of $1,018.00 pay per month for two months, suspended, to be automatically remitted if not vacated before (040414), (FG).

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  28
Current ENL Date: Reenl/990903    Current ENL Term: 4 Years  with a 11 month extension dated (000910) and a new ETS date: (040802).
Current ENL Service: 	4 Yrs, 5 Mos, 18 Days ?????
Total Service:  		7 Yrs, 7 Mos, 18 Days ?????
Previous Discharges: 	RA 960903-990902/HD
Highest Grade: E-6		Performance Ratings Available: Yes    No 
MOS: 21R24 Interior Electrician   GT: 114   EDU: HS Grad   Overseas: Kosovo (990906-000315)   Combat: None
Decorations/Awards: ARCOM, AAM (2), GCMDL (2), NDSM, NATOM, AFEM, NCOPDR, ASR, KCM, 

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 23 December 2003, 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 wrongfully engaging in sexual intercourse with a member of the Delayed Entry Program x 2 (030630), (030630), with intent to deceive, made an official statement, which was false (030729), and with the intent to defraud, made the signature of a female (030814), committed sodomy (030630), and wrongfully endeavored to influence the testimony of a female witness before an investigating officer (030806), with an under other than honorable conditions discharge.  He was advised of his rights.  On 21 January 2004, the applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an administrative separation board contingent upon him receiving a characterization of service no less favorable than a general, under honorable conditions discharge, 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.  On 27 January 2004, the separation authority approved the conditional waiver of the applicant's right to appear before an administrative separation board 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, documents and the issue he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  The analyst determined that the applicant’s 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 applicant’s service mitigated the misconduct or poor duty performance.  Furthermore, the analyst noted the applicant's issue and found no evidence of arbitrary or capricious actions by the command.  The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  In view of the foregoing, 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: 29 October 2008         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA 













VIII.  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. 
        
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: NA
Other: NA										
RE Code: 									 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080000658
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