Applicant Name:  ?????

Application Receipt Date: 2008/02/08	Prior Review:     Prior Review Date: NA     

I.  Applicant 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?	     
Tender Offer:   NA

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: 071115
Discharge Received: 			   Date: 080103   Chapter: 14       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: HHS, 3-13 FA Bn, Fort Sill, OK 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 071023, without authority, wear the rank of Sergeant on his uniform between (070820-071012), and made false official statements to a SFC x 3 (071012), (071012), (071010), and made a false official statement to a 1SG  (070926), reduction to E-1, forfeiture of $650 x 2, 45 days restriction and 45 days extra duty (FG). 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  22
Current ENL Date: 070206    Current ENL Term: 4 Years  ?????
Current ENL Service: 	00 Yrs, 10Mos, 28Days ?????
Total Service:  		03 Yrs, 08Mos, 12Days ?????
Previous Discharges: 	RA-040422-070205/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 42A10 Human Resources Spec/13P10 MLRS Fire Direction Spec   GT: 113   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (050127-060127)
Decorations/Awards: ARCOM, AAM-4, AGCM, NDSM, ICM, GWOTSM, ASR, OSR, CAB

V.  Post-Discharge Activity
City, State:  Jamaica Plains, MA
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 15 November 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-pattern of misconduct for wrongfully wearing the rank of Sergeant on his uniform between (070820-071012), and making five false official statements (071025), (071024), (071012), (071010), and  (070926), 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, waived consideration of his case by 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 senior intermediate commanders reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge.  On 20 December 2007, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than 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 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.  While 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;  to include his combat 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.  Furthermore, the analyst noted the applicant's issue; however, the applicant's promotion status to Sergeant and the subsequent revocation of that promotion, does not fall within the purview of this Board.  The applicant may apply to the Army Board for Correction of Military Records (ABCMR), utilizing DD Form 149 regarding this matter.  An application for that Board is enclosed.  However, the analyst determined that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 26 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 is too harsh, and as a result it is inequitable.  The Board determined that the overall length and quality of the applicant’s service; to include his combat service, mitigated the discrediting entries in his service record.  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. 







        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 5    No change 0
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: NA										
RE Code: 									 
Grade Restoration:   No   Yes   Grade: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080002292
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