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ARMY | DRB | CY2009 | 20090001497
Original file (20090001497.txt) Auto-classification: Approved
Applicant Name:  

Application Receipt Date: 2008/12/22	Prior Review: No    Prior Review Date: 

I.  Applicant Request:  Change to General and Change Reason for Separation
REASON: No    REASON CHANGE: No    RE CODE CHANGE: No

Issues: 144.0000 Administrative Discharge 
 


II.  Were Proper Discharge and Separation Authority procedures followed?	     No
Tender Offer:   
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See Attachments:  
       Legal: No    Medical: No    Minority Opinion: No    Exhibits: No

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	General Discharge Cert   Date: Not In File
Discharge Received:	Not In File	   Date: Not In File  
Chapter: 25   Regulation: AR 135-178
Reason: Bad Conduct	   RE: RE-2B     SPD: 555  
Unit/Location: 104 / VA

Time Lost: 




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




Counseling Records Available: No

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 1997/03/15   Current ENL Term: 12 Years  
Current ENL Service: 	12 Yrs, 5 Mos, 4 Days 
Total Service:  		12 Yrs, 5 Mos, 3 Days 

Previous Discharges: 




Highest Grade:	E8 - Master Sergeant - Enl Pay Grade 8	Performance Ratings Available: Not In File
MOS: IT  GT: Not In File  EDU: Doctor of Jurisprudence  
Overseas/Combat Record:

Decorations/Awards: 




V.  Post-Discharge Activity
City, State:  Gaston,
Post Service Accomplishments: 
Good work in the community

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 characterization of service is now too harsh and as a result it is inequitable, based on the overall length and quality of the applicant's service.  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 both proper and equitable and voted not to change it.
       

       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 based on (add reason/s here) 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 general under honorable conditions (or to fully honorable).  The Board determined that the reason for discharge was proper and equitable and voted not to change it.
       
       
       c.  Response to Issues, Recommendation and Rationale:
       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.  The Board determined that the overall length and quality of the applicant's service, to include his combat service, mitigated the discrediting entries 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.  However, the Board determined that the reason for discharge was proper and equitable and voted not to change it.
       
       
VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: ADRB	Date: 2010/01/01         Location: Washington, D.C.

Did the Applicant Testify?  No

Did the Applicant Appear?  No

Counsel: Jackie Chiles

Witnesses/Observers: BAH

Exhibits Submitted: ACTS Documentation

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 is now too harsh and as a result it is inequitable, based on the overall length and quality of the applicant's service.  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 both proper and equitable and voted not to change it.

        
IX.  Board Decision						

Board Vote:
Character – 
2 Change 0   No Change 
Reason -    
2 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


X.  Board Action Directed
Issue a new DD Form 214  Yes				
Change Characterization to:	General Discharge		         
Change Reason to: Miscellaneous
Other:										
RE Code: RE-3A									 
Grade Restoration: Yes   Grade: D
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090001497
______________________________________________________________________________


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