Applicant Name:  ?????

Application Receipt Date: 080811	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: 051012
Discharge Received: 			   Date: 051130   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: 2nd Joint Communications Support Element, MacDill AFB, FL 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 040622, Article 112, drunk while on duty as Staff Duty NCO (040501); reduction to E3, suspended to be automatically remitted if not vacated before (040920), forfeiture of $423.00 pay, and 45 days extra duty (FG).

050408, Article 86, failure to go at the time prescribed to appointed place of duty x 5 (040203, 050317, 050318, 050331 x2 ); reduction to E3, forfeiture of $382.00 pay per month for 1 month, suspended to be automatically remitted if not vacated before 050719, and 14 days extra duty (CG).

050801, Article 92, while at Salerno, Afghanistan, stored, possessed, displayed, sent, transmitted obscene pornographic material (040908-050121); reduction to E1, suspended to be automatically remitted if not vacated before 051128, forfeiture of $619.00 pay per month for 2 months, and 45 days extra duty (FG).

050819, supplementary action imposed, Article 92, at MacDill AFB, Florida, stored, downloaded or displayed pornographic material on a government computer system (050721-050811); vacation of the suspended reduction to E1 and the vacation of the suspended forfeiture of $619.00 pay per month for 2 months. 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  24
Current ENL Date: 041102    Current ENL Term: 04 Years  ?????
Current ENL Service: 	01 Yrs, 00 Mos, 28 Days ?????
Total Service:  		06 Yrs, 07 Mos, 08 Days ?????
Previous Discharges: 	RA-990423-041101/HD
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 25B  Info Sys Opr-Analyst   GT: 101   EDU: HS Grad   Overseas: None   Combat: Afghanistan (no further information in the record of evidence)
Decorations/Awards: ARCOM, JSAM, AAM, NDSM, ASR, GWTSM

V.  Post-Discharge Activity
City, State:  Tampa, FL
Post Service Accomplishments: None submitted by the Applicant.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 12 October 2005, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, by reason of misconduct—for being drunk on duty as the Staff Duty NCO, failing to go at the time prescribed to his appointed place of duty on diverse and separate occasions and, failing to obey lawful written orders on diverse and separate occasions, with an under other than honorable conditions discharge.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an Administrative Separation Board contingent upon him receiving a characterization of service no less favorable than general, under honorable conditions and submitted a statement in his own behalf.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  On 7 November 2005, 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 Applicant’s military records, and the issue submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the Applicant's discharge.  The Applicant’s discharge was appropriate because the quality of the former Soldier’s 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 Applicant’s 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.  Furthermore, at the time of discharge the Applicant was appropriately assigned a reentry eligibility (RE) code of “3.”  If reenlistment is desired, the Applicant should contact the local recruiter to determine eligibility to reenlist.  Those individuals can best advise a former Soldier as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes.   
       Notwithstanding the propriety of the Applicant's discharge, the analyst found that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 24, character of service as under other than honorable conditions.  In view of the error, recommend the Board direct that an administrative change be made to block 24, character of service to "General, Under Honorable Conditions”, as approved by the separation authority.  

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 20 May 2009         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 discharge was both proper and equitable and voted to deny relief.  
     Notwithstanding the propriety of the Applicant's discharge, the Board found that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 24, character of service as under other than honorable conditions.  In view of the error, the Board directed that an administrative change be made to block 24, character of service to "General, Under Honorable Conditions”, as approved by the separation authority.  Except for the foregoing modification to the Applicant's characterization of service, the Board determined that the reason for separation was both proper and equitable and voted not to change it.
        
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: Administrative correction to Characterization.										
RE Code: 
Grade Restoration:   No   Yes   Grade: No Change
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080013385
______________________________________________________________________________


Page 1 of 3 pages