Applicant Name:  ?????

Application Receipt Date: 2008/10/03	Prior Review:     Prior Review Date: 080821, ADRB Records Review

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: 060809
Discharge Received: 			   Date: 070411   Chapter: 14       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: North Shore Recruiting Co, US Army Recruiting Bn, New England 

Time Lost: The unit commander's recommendation memorandum makes reference to the applicant having been confined by civilian authority 23 days (060509 to 060601).

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:  38
Current ENL Date: 040915    Current ENL Term: Indefinite Years  ?????
Current ENL Service: 	02 Yrs, 06Mos, 27Days ?????
Total Service:  		14 Yrs, 00Mos, 13Days Includes a period of Delayed Entry of 2 months and 13 days (930329-930611), which is not shown in item 12e "Total Prior Inactive Service" of the applicant's DD Form 214 under review. 
Previous Discharges: 	USAR-930329-930611/NA
                                       RA-930612-960904/HD
                                       RA-960905-980908/HD
                                       RA-980909-020213/HD
                                       RA-020214-040914/HD
Highest Grade: E6		Performance Ratings Available: Yes    No 
MOS: 88M10/Motor Transport Operator   GT: 118   EDU: BA Degree   Overseas: Germany, Bosnia, Southwest Asia   Combat: Iraq (030207-030721, prior period of service) SWA (040102-040615, prior period of service based on information taken from applicant's DD Form 214 under review)
Decorations/Awards: ARCOM-4, AAM-2, ASUA, AGCM-4, NDSM-2, AFEM, GWOTEM, GWOTSM, AFSM, NCOPDR-2, ASR, OSR-2, NM

V.  Post-Discharge Activity
City, State:  Elizabethtown, KY
Post Service Accomplishments: None Listed




VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 9 August 2006, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—pattern of misconduct for on diverse occasions between on or about (050415 and 060509) the applicant violated Article 128 of the UCMJ by repeatedly assaulting his spouse and causing bodily harm and on (051101) for being charged by the State of Maine for criminal speeding, with an under other than honorable conditions discharge.  He was advised of his rights.  The applicant consulted with legal counsel and voluntarily waived consideration of his case by an administrative separation board, contingent upon his retention on active duty.  The applicant submitted a statement on 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 with an under other than honorable conditions discharge.  On 13 February 2007, the applicant was notified to appear before an administrative separation board and advised of his rights.  On 14 March 2007, the administrative separation board convened.  The applicant appeared with counsel.  The board recommended that the applicant be discharged with a recommendation to suspend the discharge for the maximum allowable period, with issuance of a character of service of under other than honorable conditions.  On 3 April 2007, the separation authority approved the recommendation of the administrative separation board and disapproved the recommendation to suspend the discharge, and directed that the applicant be discharged with a characterization of service of under other than 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 applicant’s military records during the period of enlistment under review, the documents, and the issues he submitted, the analyst found several mitigating factors that would merit a partial upgrade of the applicant's characterization of service to general, under honorable conditions.  The analyst does not condone the applicant’s misconduct; however, the evidence in this case supports a conclusion that the characterization of service was too harsh, and as a result it is inequitable.  The analyst found that the overall length and quality of the applicant's service to include his combat service mitigated the discrediting entries in his service record.  Accordingly, the analyst recommends that the applicant’s characterization of service be upgraded to general, under honorable conditions.  However, the analyst determined that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable.  This action entails a restoration of grade to SSG/E6.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 26 January 2009         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: Yes


Witnesses/Observers: Yes 

Exhibits Submitted: The applicant submitted 11 pages of additional documents in support of his personal appearance hearing.


VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review, hearing his testimony, and considering the analyst’s recommendation and rationale, the Board determined that the discharge is inequitable.  The Board does not condone the applicant’s misconduct; however, determined that the overall length and quality of the applicant’s service to include his combat service, mitigated the discrediting entries in his service record.  Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to general, under honorable conditions and a change to the narrative reason for separation to Secretarial Authority.  This action does entail a change to the reentry eligibility (RE) code to "1" and restoration of grade to SSG/E6.
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 5    No change 0
Reason -     Change 3    No change 2
(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: Secretarial Authority under the provisions of Chapter 5, AR 635-200
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: SSG/E6
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080015695
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