Applicant Name:  ?????

Application Receipt Date: 2008/02/29	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: Before my discharge from the Army, I met with Captain Perez-Rivera (I believe that was his name) at Goodfellow AFB where I was stationed for AIT. He assured me that should I choose to be discharged as a solution to the Army's mistake in my recruitment, that I would be able to apply for and  most likely recieve an upgrade of my discharge after a period of 2 years if I kept out of trouble. He assured me that it was a routine paperwork procedure and that it would work out fine.  I am applying for an upgrade of my discharge from General Administrative to Honorable based upon the following reasons:  1. The contract that I entered into with the Army upon enlistment was invalid through completely no fault of my own;  2. While in the service of the United States I acted in line with the highest standards of professionalism and respect and represented my country to the best of my ability;  
3. At the time I accepted a voluntary discharge as a solution to the Army's recruitment mistake, I was nursing a shoulder injury and subacromial bursitis, and was understandably discouraged about my prospects in the service;  
4. After I had spoken to a Lt. Col. about my situation, he had indicated I would receive an honorable discharge. In fact, it was not until after I had signed the paperwork that I saw it had been changed at the last minute by (I assume) the Captain or someone in his office;  5. In the 2+ years since my discharge I have earned a Bachelor's degree in History from a top University, worked as an English Language teacher, and stayed completely out of trouble;  6. It is difficult for me to explain the discharge I received to employers, graduate school admissions boards, and other interested parties without damaging my standing in their eyes.  Since there is a character limit, I won't add anything except my gratitude for this review and the relative ease of this process.

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: 050815
Discharge Received: 			   Date: 050907   Chapter: 7-16    AR: 635-200
Reason: Defective Enlistment Agreement	   RE:     SPD: KDS   Unit/Location: B Co, 344th MI Bn, Goodfellow AFB, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): None

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: 050421    Current ENL Term: 5 Years  ?????
Current ENL Service: 	00 Yrs, 04Mos, 17Days ?????
Total Service:  		00 Yrs, 04Mos, 17Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 98G10/Cryptological Linguist   GT: 143   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, GWOTSM

V.  Post-Discharge Activity
City, State:  Canonsburg, PA
Post Service Accomplishments: The Applicant states that he graduated from college and now works as an English teacher.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 15 August 2005, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 7, paragraph 7-16, AR 635-200, by reason of defective enlistment, inability of the U.S. Army to fulfill the former soldier’s enlistment agreement, with a general under honorable conditions discharge.   He was advised of his rights.  The applicant’s election of rights document is not contained in the available record and the analyst presumed regularity in the discharge process.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.   The record shows that the Applicant enlisted in the Army as a PFC for MOS 98X/ French Linguist with a $20,000 enlistment bonus.  He was further processed for participation in the Army Civilian Acquired Skills Program for skills as a French linguist to by-pass the Defense Language Institute and training in MOS 98G.  Under the ACASP Program he was also required to take airborne training, however, he was not informed of this requirement at the time of entry into active duty and his contract does not show that he was required to attend airborne school.  On 15 August 2005, the separation authority waived further rehabilitative efforts 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 7, Paragraph 7-16, of that regulation provides, in pertinent part, that an unfulfilled enlistment commitment exists when the Soldier receives a written enlistment commitment for which the Soldier is qualified but which cannot be fulfilled by the Army through no fault of the Soldier.  Soldiers separated under this chapter will be awarded an honorable discharge unless an entry level status separation is required under chapter 3, section II.

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s military records for the period of enlistment under review and the issues he submitted, the analyst determined that the characterization of service was improper.  Army Regulation    635-200, Chapter 7, paragraph 7-16, states that a soldier with an unfulfilled enlistment contract commitment, through no fault of the soldier, will be separated with an honorable discharge unless in entry-level status.  The analyst determined that the soldier was no longer in entry level status, he had been awarded an MOS and was in a follow-on unit of assignment.  Additionally, the former soldier was not notified of the specific factors in his service record that warranted such a characterization.  In view of the aforementioned, the analyst recommends to grant relief in the form of an upgrade of the applicant's characterization of service to fully honorable.  However, the analyst determined that the reason for discharge was both proper and equitable.  
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 12 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 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 applicant was not in entry-level status and in accordance with AR 635-200, paragraph 7-16 he should have been awarded an honorable discharge.  In view of the foregoing, the Board determined that the characterization of service was improper.  Accordingly, the Board voted to grant full relief in the form of an upgrade of characterization of service to honorable.   However, 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 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: NA
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080003443
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