Applicant Name:
Application Receipt Date: 2008/02/05 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 and supporting 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: 061108
Discharge Received: Date: 061122 Chapter: 14-12c AR: 635-200
Reason: Misconduct (Serious Offense) RE: SPD: JKQ Unit/Location: A Btry, 5th Bn, 2nd ADA Bde
Fort Bliss, TX
Time Lost: AWOL for 15 days (060725-060808), method of return unknown
Article 15s (Charges/Dates/Punishment): 060823, AWOL (060725-060809), reduction to E-4, forfeiture of $1,062 pay per month for two months, extra duty for 45 days, and restriction to Fort Bliss for 45 days.
060320, did on 6 March 2006, unlawfully strike another Soldier in the face with a closed fist, treat with contempt a senior NCO (CSM), and failure to report, reduction to Sergeant E5, forfeiture of $1,062 pay per month for two months, suspended, to be automatically remitted if not vacated 060920, extra duty for 45 days, restricted to Fort Bliss for 45 days.
050119, without authorization, go from appointed place of duty (041104), forfeiture of $480 pay, extra duty 14 days, and restriction for 14 days, suspended, to be automatically remitted if not vacated before 050202.
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 22
Current ENL Date: 050302 Current ENL Term: 3 Years ?????
Current ENL Service: 1 Yrs, 08Mos, 21Days ?????
Total Service: 5 Yrs, 10Mos, 05Days ?????
Previous Discharges: RA 011004-030223/HD
RA 030224-050301/HD
Highest Grade: E6 Performance Ratings Available: Yes No
MOS: 14T10/Patriot Operator GT: 100 EDU: HS GRAD Overseas: Poland (010912-011013) Combat: None
Decorations/Awards: ARCOM (2), AAM (3), AGCM, NDSM, GWOTEM, GWOTSM, NCOPDR, ASR, OSR, MB
V. Post-Discharge Activity
City, State: Lancaster, CA
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 8 November 2006, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12c, AR 635-200, by reason of misconduct (Commission of a Serious Offense)for assault, disrespect, failure to repair, AWOL and other misconduct, with a general under honorable conditions discharge. He was advised of his rights. The applicant waived his right to legal counsel, was advised of the impact of the discharge action, unconditionally waived his right to an administrative separation board, 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. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general under honorable conditions discharge. On 17 November 2006, the separation authority 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: 5 December 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
X. Board Action Directed President, Army Discharge Review Board
Issue a new DD Form 214
Change Characterization to:
Change Reason to: No Change
Other: NA
RE Code:
Grade Restoration: No Yes Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20080002230
______________________________________________________________________________
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