Applicant Name: ?????

Application Receipt Date: 080611	

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: 080329
Discharge Received:     Date: 080516   
Chapter: 14-12c    AR: 635-200
Reason: Misconduct (Serious Offense)
RE:     SPD: JKQ
Unit/Location: 54th MP Co, Camp Rustamiyah, Iraq 

Time Lost: None

Article 15s (Charges/Dates/Punishment): NA

Court-Martials (Charges/Dates/Punishment): 080319, SCM, assault an NCO by pointing an unloaded weapon at him (071231), derelict in performance of duties by failing to follow arming procedures (071231) and disobeying a lawful order from a NCO (071231); reduction to E-1, forfeiture of $1,232, and corrective training on proper conduct toward NCOs and Officers as well as MNC-I Policy regarding weapons arming status.

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Year/Month:  8410  
HOR City, State: Rochester, NY
Current ENL Date: 050503    Current ENL Term: 5 Years  ?????
Current ENL Service: 03 Yrs, 00Mos, 14Days ?????
Total Service:  03 Yrs, 00Mos, 14Days ?????
Previous Discharges: NA
Highest Grade: E-4
Performance Ratings Available: Yes    No 
MOS: 31B Military Police   GT: 108   EDU: HS Grad   Overseas: SWA   Combat: Iraq (060113-060418 and 070515-080430)
Decorations/Awards: ARCOM, NDSM, GWOTSM, ASR, OSR

V.  Post-Discharge Activity
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The evidence of record shows that on  29 March 2008, 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 being found guilty in a Summary Court Martial (080319) of assaulting an NCO by pointing a unloaded weapon at him (071231), derelict in performance of duties by failing to follow arming procedures (071231) and disobeying a lawful order from a NCO (071231),  with a under other than honorable conditions discharge.  She was advised of her rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, and unconditionally waived her right to an administrative separation board, and did not submit a statement in her own behalf.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  The intermediate commander (s) reviewed the proposed discharge action and recommended approval of the separation action with a under other than honorable conditions discharge.  On 19 April 2008, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than 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, and the issue she submitted, the analyst found several mitigating factors that would merit a partial upgrade of the applicant's characterization of service to general, under honorable conditions.  The analyst does not condone the applicant’s misconduct; however, the evidence in this case supports a conclusion that the characterization of service was too harsh, and as a result it is inequitable.  The analyst found that the length of the applicant's service to include her combat service and, the medical circumstances surrounding his discharge mitigated the discrediting entries in her service record.  Accordingly, the analyst recommends that the applicant’s characterization of service be upgraded to general, under honorable conditions.  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: 080723              
Location: Washington DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: None 

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 5    No change 0   - 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, hearing his testimony 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 service and combat service and as a result, it is inequitable.  Accordingly, the Board voted to grant relief by changing the characterization of service to general under honorable conditions.  The Board determined that the reason for discharge was both proper and equitable and voted not to change it. 

								        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: NA
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: 080725
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080009285
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