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 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: 970623
Discharge Received: 			   Date: 970715   Chapter: 14-12c       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKQ   Unit/Location: HHS, 6th Bn, 37th Field Artillery, 2d INF Div, Camp Casey, ROK 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 970313 disrespectful in language toward a SGT, then known by you to be your superior noncommissioned officer, 23 February 1997; wrongfully communicate a threat to kill a SGT, 23 February 1997; willfully disobey a lawful order from a SGT then known by you to be your superior noncommissioned officer, 23 February 1997; reduction to E1, forfeiture of $454.00 of pay per month for  two months, 45 days of extra duty and restriction; (FG).

970602 at or near Camp Stanley, Republic of Korea, on or about 17 May 1997, disorderly conduct; restriction and extra duty for 14 days (CG).


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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  25
Current ENL Date: 960306    Current ENL Term: 2 Years  ?????
Current ENL Service: 	1 Yrs, 4Mos, 9Days ?????
Total Service:  		5 Yrs, 4Mos, 5Days ?????
Previous Discharges: 	RA 920311-960305/HD
                                       
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 13P/MLRS/FD   GT: 116   EDU: HS Grad   Overseas: Germany/Korea   Combat: None
Decorations/Awards: AAM-3, NDSM, AGCM, ASR, OSR

V.  Post-Discharge Activity
City, State:  Louisville, KY
Post Service Accomplishments: Applicant states he started a family, has been employed for the same company the past 10 years, 2 years of college and he is a model citizen.




VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on  23 June 1997, 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 misconduct  commission of a serious offense—for being disrespectful to, wrongfully communicated a threat to, and disobeyed the lawful order of a noncommissioned 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, 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 30 June 1997, 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 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:  
After a careful review of the available applicant’s military records, and the issue submitted with the application, the analyst found several mitigating factors that would merit an upgrade of the characterization of service to fully honorable.  This recommendation was made after full consideration of the former Soldier’s faithful and honorable service, as well as the record of misconduct.  While the applicant's misconduct is not condoned, the evidence in this case supports a conclusion that the characterization of service was too harsh, and as a result it is now inequitable.  The analyst determined that the overall length and quality of the applicant's service mitigated the discrediting entries in the service record.  Accordingly, the analyst recommends to the Board that the applicant’s characterization 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: 090513         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 applicant’s record of service during the period of enlistment under review 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 and quality of his 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 3    No change 2
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: NA
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080012435
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