Applicant Name:  ?????

Application Receipt Date: 080424	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: I feel that after 9.5 years of excellent service and 3 previous honorable discharges, my seperation from the Army should not be characterized by two incidents of miscommunication and one simple lapse in good judgement.  I've completed three combat tours in Iraq.  I planned to complete as many more as the Army required of me until my retirement.  Serving my country is all I know.  I would like the chance to continue to serve as a civilian contractor, and take care of my family, but my current General, Under Honorable Conditions Discharge prevents me from doing so.  I would like to plead my case to the board to prove I deserve it.

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: 071215
Discharge Received: 			   Date: 080201   Chapter: 14       AR: 635-200
Reason: Pattern Of Misconduct	   RE:     SPD: JKA   Unit/Location: E Co, 1-504 IN Bn (ABN), Camp Loyalty, Iraq 09390 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 071126, with intent to defraud, falsely alter an official document, to wit; DA Form 3161 (Request For Issue Or Turn In) (071120), reduction to E-5, forfeiture of $1325 x 2 and extra duty for 45 days (FG).

070326, with intent to deceive, made a false official statement to a CSM (070216), reduction to E-5 (suspended), $1277 x 2 (suspended), (FG).

070308, suspension of punishment of forfeiture of $640 x1 was vacated for new offense for making a false official statement to a CSM (070216). 

070209, disobeyed a lawful command from a CPT (061229), forfeiture of $640 x 1, extra duty for 14 days and restriction for 14 days (all suspended) (CG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  29
Current ENL Date: 071121    Current ENL Term: Indef Years  ?????
Current ENL Service: 	00 Yrs, 02Mos, 11Days ?????
Total Service:  		10 Yrs, 06Mos, 03Days ?????
Previous Discharges: 	RA-970729-010116/HD
                                       RA-010117-040117/HD
                                       RA-040118-071120/HD
Highest Grade: E-6		Performance Ratings Available: Yes    No 
MOS: 92Y3P Unit Supply Spec   GT: 120   EDU: HS Grad   Overseas: Hawaii/Southwest Asia   Combat: Iraq (030405-040213), (050305-060220) and (070101-071226).
Decorations/Awards: ARCOM-3, AAM-4, AGCM-3, NDSM, ICM, GWOTEM, GWOTSM, NCOPDR-2, ASR, OSR-4, VUA 

V.  Post-Discharge Activity
City, State:  Fayetteville, NC
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 15 December 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 receiving  two Field Grade Article 15s for making a false official statement; fraud by altering an official document and a Company Grade Article 15 for disobeying an officer, 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, waived consideration of his case by an administrative separation board contingent upon him receiving a general, under honorable conditions discharge, 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.  On 18 December 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.  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 no mitigating factors that would merit an upgrade of the applicant's discharge.  The applicant’s discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  By his misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge.  The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance.  Furthermore, the analyst noted the applicant's issue; however, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  In view of the foregoing, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 20 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 applicant’s record of service during the period of enlistment under review, hearing his testimony and considering the analyst’s recommendation and rationale, the Board determined that the characterization of service is too harsh, and as a result it is inequitable.  The Board determined that the overall length and quality of the applicant’s service; to include his combat service, mitigated the discrediting entries in his service record.  Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to fully honorable.  However, the Board determined that the reason for discharge and the reentry eligibility (RE) code were both proper and equitable and voted not to change them.  
        
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
								         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 AR20080007715
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