Applicant Name:  ?????

Application Receipt Date: 2008/12/31	Prior Review:     Prior Review Date: 2004/02/04/Records Review     

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: 010123
Discharge Received: 			   Date: 010221   Chapter: 14       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKQ   Unit/Location: 18th MP Det, Fort Huachuca, AZ 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 000710, assaulted a PFC x 2 by cutting her on the left hand with a knife (000604); sitting on her chest and holding a knife to her throat (000604); communicating a threat to a PFC (000604); willfully damage by punching a wall, damage of a value of less than a $100.00, military property (000529); and willfully and wrongfully destroying the property of a PFC of a value of less than a $100.00 (000604), reduction to E-4, forfeiture of $778.35 X 2 (suspended), 45 days extra duty and 45 days restriction (FG). 

000908, the suspension of punishment of forfeiture of $778.35  x 2 was vacated for the new offense of willfully damage by punching a hole in the barracks wall, military property of the United States (000817), said damage in the amount of about $15.00.

Courts-Martial (Charges/Dates/Punishment): 001107, SPCM, willfully disobeyed a superior commissioned officer, destruction of government property and assault, reduction to E-1, forfeiture of $670 x 5 and confinement for 5 months. 


Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: 981015    Current ENL Term: 3 Years  ?????
Current ENL Service: 	02 Yrs, 04Mos, 07Days ?????
Total Service:  		04 Yrs, 07Mos, 12Days ?????
Previous Discharges: 	RA-960719-981014/HD
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 92Y10 Unit Supply Spec   GT: 91   EDU: HS Grad   Overseas: Hawaii   Combat: None
Decorations/Awards: AAM, AGCM, NDSM, NCOPDR, ASR, OSR

V.  Post-Discharge Activity
City, State:  Houston, TX
Post Service Accomplishments: The applicant claims he is Firefighter with the Houston Fire Department.






VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 8 January 2001, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct-commission of a serious offense for he disobeyed a direct order from his commander to have no contact with a PFC (000908), willfully destroy by kicking a bedroom the property of the United States Government of a value of about $80 and assaulted a PFC by pointing a knife at her throat, with a general, under honorable conditions discharge.  He was advised of his rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action,  waived consideration his case by an administrative separation board, and submitted a statement in his own behalf.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  On 29 January 2001, 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 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 all the applicant’s military records during the period of enlistment under review and the issues he submitted, 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 his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  By his misconduct, the applicant diminished the quality of his 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.  Furthermore, the analyst noted the applicant's issue; however, eligibility for veteran's benefits to include educational benefits under the Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.  Further, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  Finally, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.”  If the applicant desires to reenlist, he should contact the local recruiter to determine his eligibility to reenlist.  Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes.  In view of the foregoing, the analyst determined that the characterization of service, reason for discharge, and the reentry eligibility (RE) code 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: 25 March 2009         Location: Dallas, TX

Did the Applicant Testify?  Yes     No  

Counsel: No

Witnesses/Observers: No 

Exhibits Submitted: The applicant submitted eight pages of additional documents in support of his personal appearance hearing.


VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review, hearing his testimony 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: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090001746
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