Applicant Name:  ?????

Application Receipt Date: 081007	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 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: NIF
Discharge Received: 			   Date: 070608   Chapter: 6-3b    AR: 635-200
Reason: Hardship	   RE:     SPD: KDB   Unit/Location: Dallas Recruiting Bn, Irving, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): Applicant states he received a company grade Article 15 for missing a PT test and was reduced in rank from E4 to E3; however, the record does not contain any evidence of this action.

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: 050227    Current ENL Term: 05 Years  ?????
Current ENL Service: 	02 Yrs, 03 Mos, 12 Days ?????
Total Service:  		05 Yrs, 01 Mos, 27 Days ?????
Previous Discharges: 	RA - 020322-050226/HD
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 13F  Fire Spt Spec   GT: 105   EDU: HS Grad   Overseas: Hawaii, SWA   Combat: Afghanistan (040322-050320)
Decorations/Awards: ARCOM, AAM, AGCM, NDSM, GWOTEM, GWOTSM, ASR, OSR, USA Recruiter Badge

V.  Post-Discharge Activity
City, State:  Quinlan, TX
Post Service Accomplishments: Applicant stated he is a sophomore in college.  Additionally, the Applicant provided documentation indicating he is a member of an organization and, as a member of that organization, is actively involved in volunteer functions to help others.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 9 March 2007, received sole custody of his infant child.  Also, on 9 March 2007, having been advised separation action may be initiated against him and that he could "receive an Honorable, Under Honorable Conditions, or Under Other Than Honorable Conditions, discharge or characterization of service" if he did not complete a family care plan within 30 days , the Applicant requested separation from the Army under the provisions of Chapter 6, paragraph 6-3b(2), AR 635-200, by reason of dependency/hardship.  On 9 April 2007, the intermediate commander verified and forwarded the Applicant's request.  Subsequently, the separation authority approved the Applicant's separation under the provisions of AR 635-200, Chapter 6, Paragraph 6-4 for hardship conditions and directed the Applicant be released from active duty with a characterization of service as "honorable, under honorable conditions".

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel.  Chapter 6, Paragraphs 6-3b and 6-3b(2) provide that a hardship exists when separation from the Service will alleviate undue or genuine hardship and, Soldiers who meet the definition of being a sole parent may apply for separation under hardship.  Paragraph 6-11 provides that service will be characterized as honorable or under honorable conditions but, no Soldier will be awarded a characterization of service under honorable conditions under this chapter unless the Soldier is notified of the specific factors in the service record that warrant such a characterization, using the notification procedure. 

       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 recommends to the Board that the Applicant’s characterization of service be upgraded to fully honorable.  This recommendation was made after full consideration of his faithful and honorable service.  The evidence in this case supports a conclusion that the Applicant’s characterization of service is inequitable.  The analyst noted the Applicant's overall length and quality of the Applicant's service and the post service accomplishments (i.e. civic involvement) and his combat tour in Afghanistan.  Additionally, the analyst noted the ambiguity of the separation authority's phrase 'honorable, under honorable conditions', noted that the Applicant's immediate commander highly lauded the Applicant immediately prior to discharge, noted that the record does not contain any evidence of misconduct and, noted that there is no evidence the Applicant was notified he would receive a characterization less than honorable.  In view of the foregoing, the analyst recommends that the Applicant’s 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: 29 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 characterization of service was too harsh based on the Applicant’s quality of his service to include his combat service and, as a result, it is inequitable.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable.  The Board determined that the reason for discharge was proper and equitable and voted not to change it.








  

        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 5    No change 0
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 AR20080015757
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