Applicant Name:  ?????

Application Receipt Date: 2008/03/17	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "I was told six months after I had gotten discharged that I could change my other than honorable into a general under honorable conditions.  I just feel as an Iraqi veteran who has gotten injured fighting in Iraq I believe a general under honorable conditions seems a little more reasonable."

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: 060831
Discharge Received: 			   Date: 070316   Chapter: 14-12c       AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: 1/377 FA Bn, Ft Bragg, NC 

Time Lost: DD 214 indicates AWOL for 1 day, 060713-060713

Article 15s (Charges/Dates/Punishment): 060720, commit an assault upon PV2 by stabbing him in the back with a dangerous weapon likely to produce death or grievous bodily harm (060217), failure to go to appointed place of duty X 6, (060531, 060504, 060330, 060216 X3), reduction to E1, $636 X 2, 45 days extra duty, 45 days restriction (FG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 050203    Current ENL Term: 03 Years  16 weeks
Current ENL Service: 	02 Yrs, 01 Mos, 13 Days ?????
Total Service:  		02 Yrs, 01Mos, 13 Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 13B/Cannon Crewmember   GT: 100   EDU: HS   Overseas: None   Combat: Iraq (051105-051230)
Decorations/Awards: GWOTSM, ICM, ASR

V.  Post-Discharge Activity
City, State:  Willow Springs, NC
Post Service Accomplishments: None provided

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 31 August 2006, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—serious offense for failure to go to appointed place of duty on numerous occasions, false official statement, assault consummated by battery, assault with a dangerous weapon, disrespect to a noncommissioned officer and underage drinking, with a under other than honorable conditions discharge.  He was advised of his rights.  On 31 August 2006 the applicant consulted with legal counsel and elected to have his case considered by an administrative separation board.  The intermediate commander(s) reviewed the proposed discharge action and recommended approval with a under other than honorable conditions discharge.  On 20 November 2006, the applicant was notified to appear before an administrative separation board.  On 16 December 2006, 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 under other than honorable conditions discharge.  On 1 February 2007, the separation authority approved the recommendation of the administrative separation board and directed that the applicant be discharged with a characterization of service of under other than honorable conditions discharge.

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  It states that an honorable discharge is a separation with honor, and is appropriate when the quality of the Soldier’s service is so meritorious that any other characterization would be inappropriate.  Chapter 14 of this regulation 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 the entire applicant’s military records, and the issue submitted with the application, the analyst found several mitigating factors that would merit a partial upgrade of the applicant's characterization of service to general, under honorable conditions.  The analyst does not condone the applicant’s misconduct; however, the evidence in this case supports a conclusion that the characterization of service was too harsh, and as a result it is inequitable.  The analyst found that the length of the applicant's service to include the former soldier’s combat service and the medical circumstances surrounding the discharge mitigated the discrediting entries in his service record.  Accordingly, the analyst recommends that the applicant’s characterization of service be upgraded to general, under honorable conditions.  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: 19 December 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, and as a result it is inequitable.  The Board determined that the overall length of the applicant’s service, to include his combat service, and, the medical circumstances surrounding the discharge mitigated the discrediting entries in his service record.  Accordingly, the Board voted to grant 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 proper and equitable and voted not to change it.






        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 4    No change 1
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: No Change										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080004290
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