Applicant Name:  ?????

Application Receipt Date: 2008/03/20	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: 960209
Discharge Received: 			   Date: 960304   Chapter: 14       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKA   Unit/Location: HHB, 1-7 FA Bn, Fort Sill, OK 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 951215, disobeyed a lawful order from a SGT (951108), reduction to E-1 and forfeiture of $199 (suspended), 14 days extra duty (CG).

950830, disobeyed a lawful order issued by a COL, to wit:  paragraphs 5d and 5e of the Better Opportunity for Single Soldiers (BOSS) memorandum, by wrongfully failing to check in his visitor with the CQ and having a visitor under the age of 18 not accompained by a legal guardian (950716), and assault (950716), reduction to E-1 and forfeiture of $199 (suspended), extra duty for 14 days and restriction for 14 days (CG).

950307, disrespectful in language towards a MSG (950214), dereliction of duty (950215), and disrespectful in deportment towards a MSG (950215), reduction to E-2, extra duty for 14 days and restriction for 14 days (CG).  

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 931203    Current ENL Term: 5 Years  ?????
Current ENL Service: 	02 Yrs, 03Mos, 02Days ?????
Total Service:  		02 Yrs, 03Mos, 02Days ?????
Previous Discharges: 	None
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: 13C10 Tacfire Operations Spec   GT: 108   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR

V.  Post-Discharge Activity
City, State:  Unit 6260
                     APO AE09378
Post Service Accomplishments: The applicant enlisted in the Florida Army National Guard, subsequently enlisted in the Army on 17 May 2000, for a period of three years, earned the rank of SSG, received numerous awards, served a combat tour in Afghanistan, and is currently serving with the 25th Infantry Division.



VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       Evidence of record shows that on 9 February 1996, 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 receiving three Battery Grade Article 15s for failure to obey a NCO (951215), failure to obey a lawful order and assault (950830), failure to obey a NCO and dereliction of duty (950307), and he received numerous counseling statements for failure to repair , misconduct, substandard performance, failure to follow orders , indebtedness and violation of restriction, 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 commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.  The separation approving authority's documentation waiving further rehabilitative efforts and directing that the applicant be discharged with a characterization of service of general, under honorable conditions, is not part of the available record and the analyst presumed Government regularity in the discharge process . 

       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 an upgrade of the characterization of service to fully honorable.  This recommendation was made after full consideration of his faithful and honorable service, as well as the record of misconduct.  While the applicant's misconduct is not condoned, the evidence in this case supports a conclusion that the characterization of service is too harsh, and as a result it is now inequitable.  The analyst determined that the applicant's service was of sufficient merit to include his post service accomplishments (i.e., served with the Florida  Army National Guard, enlisted in the Regular Army, earned the rank of SSG, served a combat tour in Afghanistan, and awarded an ARCOM, AAM-2, and the AGCM-3), mitigated the discrediting entries in the service record.  Accordingly, the analyst recommends to the Board that the applicant’s characterization 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: 23 January 2009         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 now is inequitable, based on the applicant's post service accomplishments (i.e., served with the Florida  Army National Guard, enlisted in the Regular Army, earned the rank of SSG, served a combat tour in Afghanistan, awarded an ARCOM, AAM-2, the AGCM-3 and his NCOERs ), which mitigated the discrediting entries in the service record.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable.  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
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: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080004338
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