Applicant Name:  ?????

Application Receipt Date: 2008/11/12	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: 080314
Discharge Received: 			   Date: 080728   Chapter: 14-12b    AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: HHC, 1st Sustainment Command (Theater), Camp Arifjan, Kuwait APO AE 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 080221, Falsely made the signature of a Command Sergeants Major as an endorsement for the Applicant's Soldiers to travel off post for unauthorized travel to Kuwait City (080107), derelict in performance of duty by authorizing his Soldiers to travel off post for unofficial and unauthorized purposes (080107); reduction to E5, forfeiture of $1361.00 pay per month for two months, extra duty and restriction for 45 days, suspended. (FG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  31
Current ENL Date: 060611    Current ENL Term: Indefinite Years  ?????
Current ENL Service: 	02 Yrs, 01 Mos, 18 Days ?????
Total Service:  		12 Yrs, 08 Mos, 28 Days ?????
Previous Discharges: 	RA  951031-971118/HD
                                       RA  971119-010415/HD
                                       RA  010416-040415/HD
                                       RA  040416-061010/HD
Highest Grade: E6		Performance Ratings Available: Yes    No 
MOS: 63B  Wheeled Veh Mech   GT: 90   EDU: HS Grad   Overseas: Korea, SWA   Combat: Iraq (030907-041018)
Decorations/Awards: ARCOM (2), AAM (3), AGCM (3), NDSM, GWOTEM, GWOTSM, KDSM, HSM, NCOPDR (2), ASR, OSR (2)

V.  Post-Discharge Activity
City, State:  Fayetteville, NC
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 5 March 2008, 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; specifically, for having received a General Officer Letter of Reprimand on 28 July 2007 for assaulting the Applicant's spouse, failing to report that another Soldier had threatened other Soldiers at least 3 times with a knife and, for receiving a Field Grade Article 15 for forging a Command Sergeants Major's signature on an off-post memorandum thereby enabling Soldiers to travel to Kuwait City for unauthorized purposes, with a general under honorable conditions discharge.  The Applicant was advised of his rights.  On 10 March 2008, the Applicant consulted with legal counsel and voluntarily waived consideration of his case by an administrative separation board, contingent upon his receiving a characterization of service of no less favorable than general, under honorable conditions.  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 a general under honorable conditions discharge.  On 9 April 2008, the separation authority directed that the Applicant be discharged with a characterization of service of general, under honorable conditions.
       
       The record of evidence contains a General Officer Memorandum of Reprimand, dated 28 July 2007, wherein the Applicant was reprimanded for spousal assault on 1 May 2007 in North Carolina.

       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 arbitrary or 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: 26 August 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 AR20080018591
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