Applicant Name:  ?????

Application Receipt Date: 081017	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See enclosed DD Form 293 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: 001024
Discharge Received: 			   Date: 001114   Chapter: 14-12b    AR: 635-200
Reason: Misconduct	   RE:     SPD: JKA   Unit/Location: HHB, 5th Bn, 52d ADA , Ft. Bliss, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 990810, conspired with another Soldier to make or utter a worthless check while dishonorably failing to maintain funds and did effect the conspiracy by cashing the said check; signed an official statement with intent to deceive which was then known by the Applicant to be false (990430); stole $1,420.00, the property of the U.S. Military (970815-971103); reduction to E3, forfeiture of $637.00 pay per month for two months, suspended, 45 days of extra duty (FG).

000807, wrongfully viewed pornographic materials via the internet, in violation of General Order No. 1 (000707); reduction to E1, forfeiture of $502.00 pay per month for two months, suspended, 45 days extra duty (FG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  24
Current ENL Date: 980930    Current ENL Term: 03 Years  ?????
Current ENL Service: 	02 Yrs, 01 Mos, 14 Days ?????
Total Service:  		04 Yrs, 10 Mos, 05 Days ?????
Previous Discharges: 	RA - 960110-980929/HD
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 92G  Food Service Spec   GT: 90   EDU: HS Grad   Overseas: Republic of Korea   Combat: None
Decorations/Awards: AAM, AGCM, AFEM, ASR, OSR

V.  Post-Discharge Activity
City, State:  Spokane, WA
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 24 October 2000, the unit commander notified the Applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, by reason of misconduct—for conspiracy, making a false official statement and committing larceny (970815-990430), failing to have a state registration sticker, a state inspection sticker and a post decal for his vehicle (991110), failing to have a valid state registration sticker, valid insurance, valid license plate and a state inspection sticker (001203), wrongfully viewing pornographic material via the internet for which he received a Field Grade Article 15, with a general under honorable conditions discharge.  The Applicant was advised of his rights, consulted with legal counsel, was advised of the impact of the discharge action, and did not submit 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 an honorable discharge.  On 1 November 2000, the separation authority waived further rehabilitative efforts and directed that 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 the Applicant’s military records, and the issue 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.  The analyst noted the Applicant's issue; however, the record does not support the Applicant’s contention, and no evidence to support it has been submitted by the Applicant, that the discharge was the result of any medical condition.  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: 31 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 AR20080016169
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