Application Receipt Date: 080320	

Prior Review    Prior Review Date: None

I.  Applicant Request
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?  
Yes    No        Tender Offer:   ?????

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Original Character of Discharge
Unit CDR Recommended Discharge:    Date: 070214
Discharge Received:     Date: 070504   
Chapter: 14    AR:  635-200
Reason: Pattern Of Misconduct
RE:     SPD: JKA
Unit/Location: Home Det, 2-1 CAV, Fort Lewis, WA 

Time Lost: Confinement/Civil Authorities for 2 days, (060710-060712) and Confinement/Military Authorities for 21 days (070223-070312), as a result of his summary court-martial sentence. Total time lost 23 days.

Article 15s (Charges/Dates/Punishment): 070207, failure to report (070125),disrespectful in language and deportment toward a SSG (070202), treat with contempt SFC (070202), and treat with contempt and disrespectful to a SSG (070201), reduction to E-3, forfeiture of $403 (suspended), 12 days extra duty and 12 days restriction (CG). 

070214, suspension of punishment of forfeiture of $403 imposed on (070207), was  vacated for assaulted a 1SG (070209) and assaulted a SSG (070209).

Court-Martials (Charges/Dates/Punishment): SCM, 070223, disrespectful toward a SFC (070209), disrespectful toward a SSG (070209), disrespectful toward a 1SG (070209), and willfully damage military property of the United States (070209), reduction to E-1, forfeiture of $867, and confinement for 21 days.

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  830412  
Current ENL Date: 040301    Current ENL Term: 5 Years  ?????
Current ENL Service: 03  Yrs, 01 Mos, 12Days ?????
Total Service:  05 Yrs, 01 Mos, 29 Days ?????
Previous Discharges: RA-020213-040229/HD
Highest Grade: E-5
Performance Ratings Available: Yes    No 
MOS: 19D10 Cavalry Scout   GT: 87   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (030401-040401)
Decorations/Awards: ARCOM, AGCM, NDSM, GWOTEM, GWOTSM, NCOPDR, ASR, OSR, OSB-2, UAS/USAF PUC, VUA, ASUA
V.  Post-Discharge Activity
Home of Record: 
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 14 February 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 disrespectful in language and deportment toward several NCOs on multiple occasions, failed to report to his appointed place of duty on multiple occasions, repeatedly disobeyed lawful orders, assaulted two NCOs on two occasions and damaged government property, with a general, under honorable conditions discharge.  He was advised of his rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement in his own behalf.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  The intermediate and senior commanders reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.  On 18 April 2007, the separation authority reviewed the findings and recommendation of the Medical Evaluation Board that the applicant be separated from the service, approved the separation action and directed that the applicant be discharged with a characterization of service of general, under honorable conditions.
      The applicant was administratively reduced from E-5 to E-4 on 26 July 2006 for inefficiency.

      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, but a general discharge 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 an upgrade of the applicant's characterization of service to fully honorable.  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, the medical circumstances surrounding his discharge (i.e., unit commander's memorandum referencing the applicant's post traumatic stress disorder), and the supporting document from the Veterans Administration Medical Center, mitigated the discrediting entries in his service record.  Accordingly, the analyst recommends that the applicant’s characterization of service be upgraded to fully honorable.  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: 9 May 2008              
Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA




VIII.  Board Decision
The discharge was:			Proper	 	Improper	
				                 	Equitable	 	Inequitable	

The characterization of service was:   Proper	 	Improper	
				                 	Equitable	 	Inequitable	

The narrative reasons were: 	       	Equitable	 	Inequitable	

DRB voting record:  		      Change 2    No change 3   - Character
		 			      Change 0    No change 5   - Reason
					      (Board member names available upon request)

IX.  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 discharge was both proper and equitable and voted to deny relief.  
















 



 

Case report reviewed and verified by: Mr. Kenneth McFarley, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: None
Other: NA
RE Code:  
Grade Restoration:   No   Yes  Grade: None

XI.  Certification Signature and Date
Approval Authority: 

MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


CHRISTINE U. MARTINSON			DATE: 14 May 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080004336

Applicant Name:       
______________________________________________________________________


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