Applicant Name:  ?????

Application Receipt Date: 080926	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 149 and supporting documentation 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: 080507
Discharge Received: 			   Date: 080827   Chapter: 14-12c    AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: 2d Space Co., 1st Space Bn., Peterson Air Force Base, CO 

Time Lost: AWOL 2 days (080127-080129), mode of return unknown.

Article 15s (Charges/Dates/Punishment): 080328, communicating a threat to a Noncommissioned Officer (080318), wrongfully using a  government credit card for personal expenses (0710-0711); reduced to E4, forfeiture of [illegible] pay per month for 2 months (suspended), restriction for 60 days (FG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  25
Current ENL Date: 050227    Current ENL Term: 3 Years  7 Months
Current ENL Service: 	03 Yrs, 06 Mos, 00 Days ?????
Total Service:  		09 Yrs, 01 Mos, 11 Days Applicant's DD 214, block 12c, does not account for Applicant's ARNG service of 1 year, 7 months and 11 days.
Previous Discharges: 	RA - 040218-050226/HD
                                       RA - 020823-040217/HD
                                       RA - 990714-020822/HD
                                       ARNG - 971202-990713/UNC
Highest Grade: E5		Performance Ratings Available: Yes    No 
MOS: 21U  Topographic Analyst   GT: 94   EDU: HS Grad   Overseas: Bahrain   Combat: Iraq (040514-050313)
Decorations/Awards: ARCOM (2), AAM (2), ASUA, AGCM, NDSM, GWOTEM, GWOTSM, NCOPDR, ASR, OSR (2)

V.  Post-Discharge Activity
City, State:  Colorado Springs, CO
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 23 April 2008, the unit commander notified the Applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200, by reason of serious misconduct for unlawfully striking his wife on the head with a dog collar (071012), wrongfully having sexual intercourse with a woman not his wife (071202), wrongfully communicating a threat (080318), wrongfully using his Government Travel Card for personal expenses (October 2007 - November 2007), with an under other than honorable conditions discharge.  The Applicant was advised of his rights.  On 24 April 2008, the Applicant consulted with legal counsel and requested consideration of his case by an administrative separation board.  The Applicant did not submit a statement on his own behalf.  On 23 June 2008, the Applicant was notified to appear before an administrative separation board and advised of his rights.  On 17 July 2008, the administrative separation board convened.  The Applicant appeared with counsel.  The board recommended that the Applicant be discharged with issuance of a character of service of under other than honorable conditions.  On 15 August 2008, the separation authority approved the recommendation of the administrative separation board and directed that the Applicant be discharged with a characterization of service of under other than honorable conditions.  The Applicant was to be reduced to the lowest enlisted grade.

       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 and documents 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. 

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 21 July 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: No Change
Other: No Change										
RE Code: 
Grade Restoration:   No   Yes   Grade: No Change
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080015648
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