Applicant Name: ?????
Application Receipt Date: 080731 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See enclosed DD Form 293 and 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: 071018
Discharge Received: Date: 071127 Chapter: 14-12B AR: 635-200
Reason: Pattern of Misconduct RE: SPD: JKA Unit/Location: HHT, 1st Squadron 17th Calvary Regiment, 82nd Combat Aviation Bde, 82nd Airborne Div, Ft Bragg, NC
Time Lost: None
Article 15s (Charges/Dates/Punishment): 070919 Derelict in the performance of duty, negligently failed to secure the HHT arms room; disrespectful in language to an NCO, disobyed a law order given by an NCO; Reduction to E1; forfeiture of $651 for two months, suspended, extra duty andrestriction for 45 days (FG).
060628 Without authority fail to go at the time presecribed to appointed place of duty; reduction to E2 (CG).
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 21
Current ENL Date: 040921 Current ENL Term: 3 Years ?????
Current ENL Service: 3 Yrs, 2Mos, 7Days ?????
Total Service: 3 Yrs, 2Mos, 7Days ?????
Previous Discharges: ARNG 020905-021005/UNC
Highest Grade: E3 Performance Ratings Available: Yes No
MOS: 92Y10 Unit Supply GT: 97 EDU: HS Grad Overseas: Iraq Combat: Iraq (060724-070619)
Decorations/Awards: ARCOM, AAM, NDSM, ICM, GWOTSM, ASR, OSR
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 18 October 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of patterns misconductfor failed to follow a lawful order; failed to report; failed to secure arms room; disrespectful in language to an NCO; failed to obey lawful order, 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, not in file, 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 7 November 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 applicants military records, and the independent evidence he submitted, the analyst recommends to the Board that the applicants characterization of service be upgraded to fully honorable. This recommendation was made after full consideration of his faithful and honorable service, as well as his record of misconduct. The evidence in this case supports a conclusion that the applicants characterization of service was too harsh, and as a result it is inequitable. While the applicant's misconduct is not condoned, the overall length and quality of the applicant's service to include his combat tour in Iraq mitigated the discrediting entries in his service record. Furthermore, the file was void of any evidence of PTSD or injuries sustained by the applicant while in Iraq and the applicant did not provide any corroborating evidence of the aforementioned medical issues. Accordingly, the analyst recommends that the applicants characterization of service be upgraded to fully honorable.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 080926 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 applicants record of service during the period of enlistment under review and considering the analysts recommendation and rationale, the Board determined that the characterization of service was too harsh based on the applicants length and quality of his service to include his combat service 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 5 No change 0
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: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20080012420
______________________________________________________________________________
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