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. Soldiers 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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