Applicant Name:
Application Receipt Date: 2008/07/15 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: 070110
Discharge Received: Date: 070125 Chapter: 14-12b AR: 635-200
Reason: Pattern of Misconduct RE: SPD: JKA Unit/Location: Fitness Training Company, 120th AG Bn, Fort Jackson, SC
Time Lost: None
Article 15s (Charges/Dates/Punishment): 061102, at Fort Jackson, SC, on or about 30 October 2006, disrespectful in deportment towards a superior noncommissioned officer, who was in the execution of his office; on or about 31 October 2006, disrespectful in deportment towards a superior noncommissioned officer, who was in the execution of his office; reduction to Private (E-1). (CG)
061003, at Fort Jackson, SC, on or about 24 September 2006, did unlawfully strike another Soldier, in the head with a closed fist; forfeiture of $100.00 pay for one month. (CG)
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 24
Current ENL Date: 060216 Current ENL Term: 5 Years ?????
Current ENL Service: 00 Yrs, 11Mos, 10Days ?????
Total Service: 00 Yrs, 11Mos, 10Days ?????
Previous Discharges: None
Highest Grade: E-2 Performance Ratings Available: Yes No
MOS: None GT: 113 EDU: HS GRAD Overseas: None Combat: None
Decorations/Awards: None
V. Post-Discharge Activity
City, State: Fort Walton 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 6 December 2006, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 12c, AR 635-200, by reason of misconductfor on or about 24 September 2006 assaulted another Soldier by striking him in the head with a closed fist; on 30 and 31 October 2006 was disrespectful to the unit 1SG, 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. On 23 January 2007, the separation authority approved the separation 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 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:
The analyst carefully examined the applicants record of service during the period of enlistment under review and the documents submitted with the application. 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 determined that the applicants discharge was appropriate because the quality of service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. By the misconduct, the applicant diminished the quality of the former soldiers 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 applicants service mitigated the misconduct or poor duty performance. Therefore, the analyst determined the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief. The applicant submitted several documents in support of the personal appearance hearing.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 20 April 2009 Location: Atlanta, GA
Did the Applicant Testify? Yes No
Counsel: NA
Witnesses/Observers: NA
Exhibits Submitted: NA
VIII. Board Discussion, Determination, and Recommendation
After carefully examining the applicants record of service during the period of enlistment under review and considering the analysts recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted to deny relief.
IX. Board Decision
XI. Certification Signature
Board Vote: Approval Authority:
Character - Change 0 No change 5
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: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20080011233
______________________________________________________________________________
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