Applicant Name:  ?????

Application Receipt Date: 2009/09/18	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "There are several reasons that my discharge should be changed.  The incident of misconduct in question happened off base on my personal leave time.  The altercation incident was strictly verbal.  There was no physical battery involved.  Until I came home from Iraq in January of 2005, I had never had any legal or domestic violence problems.  My service to the US Army was completely under good conduct.  I started to have anxiety problems after I returned from Iraq.  I asked for help when I first got back in January 2005 but did not recieve adequate help.  Since the incident and my leaving the US Army, I have faithfully seen counselors, physchiatrists, and taken medication as prescribed.  I have not had any further legal problems.  The case has been closed in the civilian court for incident in question.  I am attempting to re-adjust to life with a family, be part of a community, and start a new career.  I wish my seperation to be stated as medical problems instead of misconduct.  I feel that if I had recieved adequate help in the first place then the misconduct incident most likely would not have happened.  Please consider my request as the discharge I recieved has greatly reduced my benefits which I deserve for my service to my country."

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: NIF
Discharge Received: 			   Date: 051123   Chapter: 14-12c       AR: 635-200
Reason: Misconduct, Commission of a Serious Offense	   RE:     SPD: JKQ   Unit/Location: 571st MP Co, Fort Lewis, WA 

Time Lost: Confinement Civil Authorities for 33 days (050714-050817).

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:  28
Current ENL Date: 041102    Current ENL Term: 5 Years  ?????
Current ENL Service: 	00 Yrs, 11Mos, 18Days ?????
Total Service:  		04 Yrs, 06Mos, 28Days block 12c on the DD Form 214, net active service this period is incorrect, should read 04 Yrs, 6 Mos, 28 Days to account for total prior active service and total prior inactive service.
Previous Discharges: 	USAR-010327-010402/NA
                                       IADT-010403-010816/NA
                                       USAR-010817-020501/NA
                                       RA-020502-041101/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 92G10 Food Service Operations   GT: NIF   EDU: HS Grad   Overseas: Germany/Southwest Asia   Combat: Iraq (0407029-050114)
Decorations/Awards: NDSM, ICM, GWOTSM, ASR, OSR, OSB 

V.  Post-Discharge Activity
City, State:  Toledo, WA
Post Service Accomplishments: None Listed


VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that  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 pleading guilty to assault, domestic violence fourth degree (050814), and assault on a female individual (040409), 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 2 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.
       
       The applicant's record contains two Military Police Reports dated 9 April 2004 and 29 July 2005 with additional charges and additional persons related to report.

       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 applicant’s military records during the period of enlistment under review, the issues and documents he submitted, 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 his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  By his misconduct, the applicant diminished the quality of his 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 requesting that his narrative reason being changed to medical instead of misconduct; however, the evidence of record shows that the applicant was discharged under the provisions of Chapter 14, Paragraph 14-12c, AR 635-200, by reason of misconduct-commission of a serious offense for pleading guilty to assault, domestic violence fourth degree, and assault on a female individual, which constituted incidents of misconduct.  Further , the evidence of record shows that the applicant was treated by competent medical authority and was psychiatrically cleared for any action deemed appropriate by command and was not the result of any medical condition.  In view of the foregoing, 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: 2 July 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. 
        
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: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080015330
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