Applicant Name: ?????
Application Receipt Date: 081017 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: The Applicant provided no issues of equity or propriety to be considered by the board. See enclosed DD Form 293.
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: 050401
Discharge Received: Date: 050603 Chapter: 14-12B AR: 635-200
Reason: Misconduct RE: SPD: JKA Unit/Location: 528th Quartermaster Co, 593rd Corps Support Group, Ft. Lewis, WA
Time Lost: None
Article 15s (Charges/Dates/Punishment): 040714 stealing two packets of cigarettes from the Army and Air Force Exchange, Ft. Lewis, WA on or about 31 May 2004; fail to go at the time prescribed to your appointed place of duty, accountability formation; intent to defraud, falsely alter your medical profile by changing the date: reduced to E-3, (suspended) forfeiture of $423 of pay for one month; 14 days restriction, (CG).
Courts-Martial (Charges/Dates/Punishment): Summary Court-Martial; assault, making and uttering-by dishonorably failing to maintain funds x2, failure to report x2; reduction to E2, forfeiture of $300 of pay and confinement for 20 days.
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 21
Current ENL Date: 021105 Current ENL Term: 3 Years ?????
Current ENL Service: 2 Yrs, 6Mos, 29Days ?????
Total Service: 5 Yrs, 6Mos, 29Days ?????
Previous Discharges: RA 990824-020823/HD
Highest Grade: E4 Performance Ratings Available: Yes No
MOS: 92F10 Petroleum Supply Specialist GT: 93 EDU: HS Grad Overseas: Germany(000127-020126) Combat: Iraq (030924-040414)
Decorations/Awards: NDSM, ICM, GWOTSM, ASR, OSR
V. Post-Discharge Activity
City, State: Dillon, SC
Post Service Accomplishments: Nothing provided by the Applicant.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 1 April 2005, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 12B, AR 635-200, by reason of misconductfor larceny, destruction of property, assault, and not being at his appointed place of duty at the time prescribed 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. The applicant be discharged with a characterization of service of general under honorable conditions.
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 all the applicants 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 applicants discharge was appropriate because the quality of the former Soldiers 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 applicants service mitigated the misconduct or poor duty performance. Furthermore, 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 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: 090731 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 applicants record of service during the period of enlistment under review and considering the analysts 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: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20080016128
______________________________________________________________________________
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