Applicant Name: ?????
Application Receipt Date: 2008/09/04 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: 080515
Discharge Received: Date: 080623 Chapter: 14-12b AR: 635-200
Reason: Pattern of Misconduct RE: SPD: JKA Unit/Location: 2/77 FA BN, Ft Carson, CO
Time Lost: None
Article 15s (Charges/Dates/Punishment): 071010, without authority, go from your guard post (070930), reduction to E-2, $463 (suspended until 080310) (CG)
080305, suspension of punishment of $463 forfeiture was vacated for being disrespectful in deportment to a SGT. (080327)
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 22
Current ENL Date: 060918 Current ENL Term: 03 Years 18 weeks
Current ENL Service: 01 Yrs, 09 Mos, 06 Days ?????
Total Service: 01 Yrs, 09 Mos, 06 Days ?????
Previous Discharges: None
Highest Grade: E-3 Performance Ratings Available: Yes No
MOS: 13B/Cannon Crewmember GT: 106 EDU: HS Overseas: SWA Combat: Iraq (070607-071231)
Decorations/Awards: ARCOM, NDSM, GWOTSM, ICM, CAB, ASR
V. Post-Discharge Activity
City, State: Elmhurst, IL
Post Service Accomplishments: None provided
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 15 May 2008, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of pattern of misconductfor having received a Company Grade Article 15, a vacation of suspension, and continued counselings, 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 May 2008, 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 and having served a combat tour in Iraq mitigated the discrediting entries in his service record. Accordingly, the analyst recommends that the applicants characterization of service 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: 19 December 2008 Location: Washington, DC
Did the Applicant Testify? Yes No
Counsel: None
Witnesses/Observers: None
Exhibits Submitted: None
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 2 No change 3
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: No Change
RE Code:
Grade Restoration: No Yes Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20080013720
______________________________________________________________________________
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