Applicant Name:  ?????

Application Receipt Date: 080331	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The Applicant states:  "I am writing to you to have my discharge changed from a code 3 to a code 1 and have my discharge changed from a general Under Honorable Conditions too a Honorable Conditions.  I like to  get back in because i can be usefull too the Army I made a mistake and Lied to My Commanding Offices I paid the price for not beliving in myself I have a family now that i have to think about them and there lives and the army would be the best thing for me in my life i fought too hard to get into the army and i wont to fix the mistake that i made and do the right thing to do i sorry for my mistake and i have a great wife and a son that is on it way and the army would be the best thing for me and my family, i know that if i got a second chance to do the right thing in the army i would do better and never make the same mistake twice. That why i think that i should have my discharge should be changed 
 thank you for reading this reason for a discharge change."


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: 070620
Discharge Received: 			   Date: 070718   Chapter: 14-12c       AR: 635-200
Reason: Misconduct, (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: HSC, 1st Bn, 7th Special Forces Group (Airborne) (Rear) (Provisional) Ft. Bragg, NC 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 070503 wrongfully use a Government Travel Card not incident to official travel between 060923-061215; reduction to E-1, suspended; forfeiture of $767.10 for two months, suspended; restriction and extra duty 45 days, suspended, (FG)

070623, suspension of sentence imposed on on 3 May 2007 was vacated for with intent to deceive made an official statement to a CPT which was false.

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  30
Current ENL Date: 050317    Current ENL Term: 3 Years  22 weeks
Current ENL Service: 	2 Yrs, 4Mos, 2Days ?????
Total Service:  		2 Yrs, 4Mos, 2Days ?????
Previous Discharges: 	NA
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 62B1P Construct Equip Rep   GT: 87   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, GWOTEM, GWOTSM, ASR

V.  Post-Discharge Activity
City, State:  Miami Beach, FL
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 20 June 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—for misuse of a government credit card (060923-061215), 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 did not submit a statement in his own behalf.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  On 26 June 2007, 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.  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 all the applicant’s military records, the analyst recommends to the Board that the applicant’s characterization of service be upgraded to fully honorable.  This recommendation was made after full consideration of his faithful and honorable service, as well as the former Soldier’s record of misconduct.  The evidence in this case supports a conclusion that the applicant’s characterization of service was too harsh, and as a result it is inequitable.  While the applicant's misconduct is not condoned, the overall length of the applicant's service and the minor nature of the misconduct mitigated the discrediting entries in the 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. Furthermore, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.”  If reenlistment is desired, the applicant should contact the local recruiter to determine eligibility to reenlist.  Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes.  

















       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 22 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 was too harsh based on the applicant’s length of his service and the minor misconduct surrounding his discharge and as a result it is inequitable.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable.  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 3    No change 2
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 AR20080004822
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