Applicant Name:  ?????

Application Receipt Date: 080115	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See enclosed DD Form 293 and documents 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: NIF
Discharge Received: 			   Date: 020420   Chapter: 14-12b       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKA   Unit/Location: A Co. 1st Bn, 1st SFG(A), Okinawa, Japan 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 011204 at or near Okinawa, Japan make and utter checks to three different Soldiers for a total amount of $900 and did thereafter dishonorably fail to maintain sufficient funds for payment of said checks. Being indebted to Kadena 18 SVS Division $234.14 failed to pay said debt. Being indebted to Bank of America the sum of $2018.58 failed to pay said debt.  Reduction to E-5; forfeiture of $981 for two months; suspended 60 days restriction (FG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  30
Current ENL Date: 000211    Current ENL Term: 6 Years  ?????
Current ENL Service: 	2 Yrs, 2Mos, 9Days ?????
Total Service:  		12 Yrs, 04Mos, 13Days ?????
Previous Discharges: 	IADT 900823-910225/HD
                                       RA 931123-960509/HD
                                       RA 960510-000210/HD
Highest Grade: E-8		Performance Ratings Available: Yes    No 
MOS: 18E20 SF Commo Sergeant   GT: 118   EDU: HS grad   Overseas: Korea and Japan   Combat: None
Decorations/Awards: ARCOM-3, AAM-4, ARCAM, NDSM, HSM, NCOPD-2, ASR, AGCM-2, OSR, ARCOTR,

V.  Post-Discharge Activity
City, State:  University Place, WA
Post Service Accomplishments: The Applicant continues to serve, since his discharge he reenlisted in the Washington Army National Guard in October 2004, has attained the rank of MSG/E-8 and has received two ARCOMs since being discharged from the Regular Army. 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
The applicant’s record does not contain all of the specific facts and circumstances concerning the events that led to his discharge from the Army.  However, 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.  This document identifies the reason and characterization of the discharge.  The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 12c by reason of misconduct, with a characterization of service of general, under honorable conditions. The record shows that he was advised of his rights and was referred to an Administrative Separation Board.  On 14 March 2002, the administrative separation board convened.  The applicant appeared with counsel.  The board recommended that the applicant be discharged with issuance of a character of service of general, under honorable conditions.  On 20 March 2002, the separation authority approved the recommendation of the 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, 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 applicant’s military records, and the independent evidence he submitted, the analyst found several mitigating factors to recommend an upgrade of the characterization of service to fully honorable and a change to the narrative reason for separation to Secretarial Authority.  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 discharge is now inequitable.  The overall length and quality of the the applicant's service and his post service accomplishments, service with the Army National Guard where he attained the grade of E-8 and continues to serve, mitigated the discrediting entries in his service record.  Accordingly, the analyst recommends that relief be granted in the form of an upgrade of the characterization of service to fully honorable and a change to the narrative reason for separation to Secretarial Authority.  This action does not entail a change to the reentry eligibility (RE) code, however, the Board can consider it.
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 6 November 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 characterization of service was too harsh based on the applicant’s length and quality of his service to include his post service accomplishments, serving in the Army National Guard where he has attained the grade of E-8 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.  
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 5    No change 0
Reason -     Change 1    No change 4
(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 AR20080001209
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