Applicant Name: ?????
Application Receipt Date: 080416 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: 000209
Discharge Received: Date: 000302 Chapter: 14 AR: 635-200
Reason: Misconduct RE: SPD: JKQ Unit/Location: HHT, 1-6 CAV, APO AP 96297
Time Lost: None
Article 15s (Charges/Dates/Punishment): 000113, disobeyed a lawful command from a CPT to take the anthrax shot (000110), reduction to E-2, 14 days extra duty and 14 days restriction (CG).
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 18
Current ENL Date: 980320 Current ENL Term: 3 Years ?????
Current ENL Service: 01 Yrs, 11Mos, 13Days ?????
Total Service: 04 Yrs, 01Mos, 02Days ?????
Previous Discharges: RA-960131-980319/HD
Highest Grade: E-3 Performance Ratings Available: Yes No
MOS: 92Y10 Unit Supply Specialist GT: 91 EDU: HS Grad Overseas: Korea Combat: None
Decorations/Awards: NDSM, ASR
V. Post-Discharge Activity
City, State: Fredericksburg, VA
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 9 February 2000, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct-commission of a serious offense for disobeying a lawful order to take the anthrax vaccine shot on two occasions, with a general, under honorable conditions discharge. He was advised of his rights. The applicant waived 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. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. 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 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 applicants military records during the period of enlistment under review, the issues and documents he submitted, the analyst found a mitigating factor that would merit an upgrade of the applicant's discharge to fully honorable. There was a full consideration of all faithful and honorable service as well as the infractions of discipline, the extent thereof, and the seriousness of the offenses. The analyst does not condone the applicants misconduct; however, determined that the characterization of service is too harsh and as a result, it is inequitable. Notwithstanding the propriety of the applicants discharge, the analyst found that his misconduct was partially mitigated by service of sufficient length to warrant an upgrade of the discharge under review. Accordingly, the analyst recommends that the applicants 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: 6 October 2008 Location: Washington, DC
Did the Applicant Testify? Yes No
Counsel: No
Witnesses/Observers: No
Exhibits Submitted: No
VIII. Board Discussion, Determination, and Recommendation
After carefully examining the applicants record of service during the period of enlistment under review, hearing his testimony and considering the analysts recommendation and rationale, the Board determined that the discharge was both proper and equitable, voted to deny relief.
IX. Board Decision
XI. Certification Signature
Board Vote: Approval Authority:
Character - Change 2 No change 3
Reason - Change 0 No change 5
(Board member names available upon request)
EDGAR J. YANGER
Issue a new DD Form 214 Colonel, U.S. Army
Change Characterization to: President, Army Discharge Review Board
Change Reason to:
Other: NA
RE Code:
Grade Restoration: No Yes Grade: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20080005832
______________________________________________________________________________
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