Applicant Name:  

Application Receipt Date: 2008/04/01	Prior Review: Yes    Prior Review Date: 2005/04/01

I.  Applicant Request:  
REASON: Yes    REASON CHANGE: No    RE CODE CHANGE: No

Issues: 100.0400 Presumption of Death 
 


II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   
trhytrhrre

See Attachments:  
       Legal: Yes    Medical: No    Minority Opinion: Yes    Exhibits: No

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	Dishonorable Discharge Cert   Date: 2005/04/01
Discharge Received:	Dishonorable Discharge Cert	   Date: 2008/04/01  
Chapter: 14   AR: 635-200
Reason: 4363	   RE: RE-1A     SPD: 43523  
Unit/Location: 243FR / RETERG

Time Lost: 

Reason: Military Confinement 
Date From: 2008/04/01 
Date To: 2008/04/02 
Reason: Other Absence 
Date From: 2004/01/04 
Date To: 2007/04/01 


Article 15s and Courts-Martial (Charges/Dates/Punishment): 

Offense: EWFTEWT 
Offense Date: 2004/04/04 
Punishment: 235R32 


Counseling Records Available: No


IV.  Soldier’s Overall Record
Age at current enlistment:  
Current ENL Date: 2005/04/01   Current ENL Term: 23 Years  
Current ENL Service: 	3 Yrs, 2 Mos, 4 Days 
Total Service:  		24 Yrs, 5 Mos, 4 Days 

Previous Discharges: 

Discharge Type: Honorable Discharge Cert 
Discharge Date: 2008/05/01 
Service: US Air Force 
Discharge Type: General Discharge Cert 
Discharge Date: 2005/05/04 
Service: US Air Force 


Highest Grade:	2nd Lieutenant - Off Pay Grade 1 >4 yrs Enl svc	Performance Ratings Available: No
MOS: 23241  GT: 214  EDU: Doctor of Jurisprudence  Overseas:  No Combat: Yes
Decorations/Awards: 

Award/Decoration: Air Assault 
 



V.  Post-Discharge Activity
City, State:  ,
Post Service Accomplishments: 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances: 
       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.  Retention is normally only considered in exceptionally meritorious cases when clearly in the best interests of the Army.  Because of the civilian conviction, the applicant diminished the quality of service below that meriting a fully honorable (or general discharge).  (The Board noted that an Administrative Separation Board was properly conducted and that the separation authority determined the specific offenses warranted separation.)  The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that his (her) service mitigated the misconduct or poor duty performance.  The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief.
       

       b.  Legal Basis for Separation:  
       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 is now too harsh 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.  Furthermore, regulations currently in effect list the reason for the applicant's discharge as physical standards.  Accordingly, the Board voted to change the narrative reason for separation on the DD Form 214 to "Physical Standards" with the corresponding separation code of "JFT."
       
       
       c.  Response to Issues, Recommendation and Rationale:
       After carefully examining the applicant's record of service and considering the analyst's recommendation and rationale, the Board does not condone the applicant's misconduct; however, determined that the characterization of service is now too harsh.  The Board found that the overall length and quality of the applicant's service, the time that has elapsed since his discharge and his post service accomplishments, mitigated the discrediting entry in his service record.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable.  Further, the Board found that the narrative reason for discharge was inequitable.  Regulations currently in effect list the reason for the applicant's discharge as misconduct.  Accordingly, the Board voted to change the narrative reason on the DD Form 214 to misconduct.  Except for the foregoing modification to the applicant's reason for separation, the Board found the reason for separation both proper and equitable.
       
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: ADRB	Date: 2009/01/31         Location: Washington, D.C.

Did the Applicant Testify?  No

Did the Applicant Appear?  No

Counsel: 432532

Witnesses/Observers: 45ytre

Exhibits Submitted: 

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant's record of service and considering the analyst's recommendation and rationale, the Board does not condone the applicant's misconduct; however, determined that the characterization of service is now too harsh.  The Board found that the overall length and quality of the applicant's service, the time that has elapsed since his discharge and his post service accomplishments, mitigated the discrediting entry in his service record.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable.  Further, the Board found that the narrative reason for discharge was inequitable.  Regulations currently in effect list the reason for the applicant's discharge as misconduct.  Accordingly, the Board voted to change the narrative reason on the DD Form 214 to misconduct.  Except for the foregoing modification to the applicant's reason for separation, the Board found the reason for separation both proper and equitable.

        
IX.  Board Decision						

Board Vote:
Character – 
0 Change  1   No Change 
Reason -    
1 Change 0    No Change 
(Board member names available upon request)

XI.  Certification Signature
Approval Authority:


EDGAR J. YANGER			 
Colonel, U.S. Army
President, Army Discharge Review Board


Issue a new DD Form 214  No				
Change Characterization to:			         
Change Reason to: "Court-Martial, Other"
Other:	3252									
RE Code: RE-2A									 
Grade Restoration: Yes   Grade: 25
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090000526
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