Applicant Name:  ?????

Application Receipt Date: 2008/08/25	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The Applicant states in effect:  "I love the army with all my heart and soul. I was in the army for 4 years without a scratch on my record, to make a long story short, My Wife cheated on me and I completely lost it all, I went to jail 4 times off post, for putting myself in a bad situation multiple times. My mind just wasnt there anymore after coming back from Iraq assuming she was faithful to me the whole time and then finding out the hard way that she wasn't, it just hurt really bad. I do soldier music currently. www.myspace.com/sgtdunson or www.sgtdunson.com. I just wanna be able to restart my life to get my GI Bill and have a second shot at life. I was a good Soldier trained and lead all my Soldiers we'll. I just don't want all my hard work to go down the drain for nothing. At least give me and honorable discharge so I can get my gibill go back to school and just have a restart at life. I'm kicked out the army living from house to house. This is after I had it all. I had money after Iraq, I had a house a wife and a kid. Now I have nothing living on the streets, with nothing, don't kick another vetran out with nothing. I just want whats fair and whats fair is that I did nothing but serve my country Honorably. I never did anything wrong military wise, you can call and ask any of my superiors my personal life is why I was kicked out, because of the continuous problems with my wife, I just couldn't control my personal life. And I'm sorry and would do anything to make it all better again. It was a situation i had never experienced before and didnt know how to handle it. I miss the army and wish I could still be in. I hope you guys understand and fairly judge me and help a Soldier that just wants to have another chance."

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: 080331
Discharge Received: 			   Date: 080410   Chapter: 14-12c    AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: B Co, 1-5 IN Rgt, Fort Wainwright, AK 

Time Lost: 50 days, AWOL (080304-080331), surrendered; Confined Civil Authoritites x 3 (071114-071129, 080203-080208, 080304-080331).

Article 15s (Charges/Dates/Punishment): None

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: 060316    Current ENL Term: 6 Years  ?????
Current ENL Service: 	02 Yrs, 00Mos, 24Days ?????
Total Service:  		04 Yrs, 06Mos, 16Days ?????
Previous Discharges: 	RA 030925-060315/HD
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 11B20/Infantryman   GT: 100   EDU: HS Grad   Overseas: SWA   Combat: Iraq (050816-061130)
Decorations/Awards: ARCOM, VUA, AGCM, NDSM, GWOTSM, ICM, ASR, CIB




V.  Post-Discharge Activity
City, State:  Fairbanks, AK
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 31 March 2008, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of misconduct—commission of a serious offense, for being arrested and charged with kidnapping and assault in the fourth degree (071118), for being arrested for violating a court order, disorderly conduct, domestic assault, and damaging private property (080202), for assault (080301), for failure to report (080303) and for being AWOL (080304-080330), 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 commanders reviewed the proposed discharge action and recommended approval of the separation action with a general under honorable conditions discharge.  On 3 April 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.
       
       The record contains an MP Report dated 8 January 2008, a Serious Incident Report dated 4 February 2008, and Court Charges by the State of Alaska dated 8 January 2008.

       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 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.  Furthermore, the analyst noted the applicant’s issue and determined that he had many legitimate avenues through which to obtain assistance or relief, without committing the misconduct, which led to the separation action under review.  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 his eligibility to reenlist.  Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes.  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: 29 May 2009         Location: Washington, D.C.

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.  
        
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: ?????
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080013804
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