Applicant Name: ?????
Application Receipt Date: 080807 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: The applicant submitted no issues of inequity 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: 031215
Discharge Received: Date: 040310 Chapter: 14-12c AR: 635-200
Reason: Misconduct RE: SPD: JKQ Unit/Location: HHC, 1st Bn, 9th Cavalry Regiment, 3rd Bde, 1st Cavalry Div,Ft. Hood, TX
Time Lost: None
Article 15s (Charges/Dates/Punishment): 021219 On or about 15 October 2002 with intent to deceive make to a CPT an official statement, to wit We went to qualify and I put the weapons in my POV which statement was false and was known by you to be so false; on or about 15 October 2002 with the intent to deceive, sign an official record to wit: FH Form 550, which record was false in that you never received your assigned weapon and was then known by you to be false; and on or about 15 October 2002 with the intent to deceive, sign an official record to wit: DA Form 5790-R, which record was false in that a PV2 never qualified and was then known by you to be false; reduction to E4, suspended, forfeiture of $758.00 of pay per month for two months, extra duty and restriction for 45 days (FG).
030617 vacated suspension 021219 article 15 failure to go to his appointed place of duty (030329).
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 19
Current ENL Date: 000802 Current ENL Term: 4 Years ?????
Current ENL Service: 3 Yrs, 7Mos, 9Days ?????
Total Service: 3 Yrs, 7Mos, 9Days ?????
Previous Discharges: None
Highest Grade: E5 Performance Ratings Available: Yes No
MOS: 96B Intelligence Analyst GT: 113 EDU: HS Grad Overseas: None Combat: None
Decorations/Awards: NDSM, NCOPD, ASR
V. Post-Discharge Activity
City, State: Katy, TX
Post Service Accomplishments: Applicant states he is now in school
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 15 December 2003, 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 making three false official statements on 15 October 2002 and failed to be at your appointed place of duty on 29 April 2003, 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 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 11 February 2004, 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 entire applicants military records, and the issue submitted by the applicant, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The applicants discharge was appropriate because the quality of the former soldiers 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 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 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: 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 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: NA
Other: NA
RE Code:
Grade Restoration: No Yes Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20080012688
______________________________________________________________________________
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