Applicant Name:  ?????

Application Receipt Date: 090313	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See the enclosed DD Form 293 and documents submitted by the Applicant.  The Applicant states "My discharge should be changed due to the fact I served with my unit respectively and honorably. I never made my captain or other service members uncomfortable during convoys in and out of Iraq. I always did what I was told, and trusted the Army to help me with my situation. Not once did I act out of order due to my conscientious objector status starting from home station. I made a lot of great friends who I served with and are still friends with. I came back to the states only one month before the rest of my unit.  I continue to support my fellow soldiers and the United States of America."

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

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: NIF
Discharge Received: 			   Date: 040322   Chapter: 5-3       AR: 635-200
Reason: Secretarial Authority	   RE:     SPD: JFF   Unit/Location: 300th Quartermaster Co, 544th Maintenance Bn, 64th Corps Support Group, APO, AE 

Time Lost: None

Article 15s (Charges/Dates/Punishment): None

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: OAD 030124    Current ENL Term: 00 Years  Not In File
Current ENL Service: 	01 Yrs, 01Mos, 29Days ?????
Total Service:  		02 Yrs, 11Mos, 23Days ?????
Previous Discharges: 	USAR 010329-040322/NIF (Concurrent Service)
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 77F10 Petroleum Supply Spec   GT: 104   EDU: HS Grad   Overseas: SWA   Combat: Kuwait (030329-040208)
Decorations/Awards: ARCOM, NDSM, AFEM, AFRM-M, ASR

V.  Post-Discharge Activity
City, State:  Naperville, IL
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 19 February 2003, the applicant voluntarily requested discharge under the provisions of AR 600-43 as a conscientious objector. In accordance with Chapter 2, AR 600-43, an investigating officer was appointed to determine whether the applicant met the requirements for discharge as a conscientious objector. On 24 March 2003, the applicant attended a conscientious objector hearing as mandated by the regulation to present evidence in support of his request.  On 3 April 2003, the investigating officer sustained the applicant's request for discharge under the provisions of AR 600-43. On 5 October 2003, the court-martial convening authority reviewed the applicant's request, recommended approval, and forwarded the former soldier's request to the Department of the Army Conscientious Objector Review Board (DACORB) for approval.  On 15 October 2003, the DACORB approved the applicant's request and directed separation in accordance with AR 600-43 as a conscientious objector. Characterization of service was to be determined by the applicant's command.  On 30 January 2004, the separation authority directed that the applicant be discharged with a general, under honorable conditions characterization of service. 

       b.  Legal Basis for Separation:  
       Army Regulation 600-43 sets policy, criteria, responsibilities, and procedures to classify and dispose of military personnel who claim conscientious objection to participation in war in any form or to the bearing of arms. An honorable or a general, under honorable conditions characterization of service may be given. 

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s military records, and the issue and documents he submitted, the analyst determined that the characterization of service is improper.  There was a full consideration of all faithful and honorable service as well as the applicant’s conscientious objector status that caused him to be discharged.   The chain of command cites four reasons for the characterization of service to be general, under honorable conditions, all which are “improper.”  Three relate to his conscientious objector status and the fourth relates to incidents prior to the period being characterized. In view of the foregoing, the analyst recommends that the applicant’s characterization of service be upgraded to fully honorable. 
       
       Furthermore,  notwithstanding the propriety of the applicant's discharge, the Board found that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 25, AR 635-200 paragraph 5-3; in block 26 separation code “JFF”; and block 28, “Secretarial Authority.”   In view of the clerical error, the Board directed that an administrative change be made to block 25, to read “AR 600-43 paragraph 3-4”; block 26 separation code to read “KCM”; and block 28 to read “Conscientious Objector,”  as approved by the separation authority.  Department of Defense Instruction 1332.28, stipulates that Discharge Review Boards are empowered to make corrections of clerical errors even if these corrections would result in a discharge of a lesser characterization.  

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 090605         Location: Washington DC

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 characterization of service is improper. Accordingly, the Board voted to grant full relief in the form of an upgrade of characterization of service to honorable.
 
Furthermore, the Board noted that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 25, separation authority as AR 635-200, paragraph 5-3, block 26 as separation code “JFF,"  and block 28, narrative reason for separation as “Secretarial Authority.”   In view of the foregoing, the Board directed that an administrative change be made to block 25, to read separation authority:  “AR 600-43, paragraph 3-4”, block 26, separation code to read "KCM" and block 28, reason for separation to read “Conscientious Objector” as approved by the separation authority. Department of Defense Instruction 1332.28, stipulates that Discharge Review Boards are empowered to make corrections of clerical errors even if these corrections would result in a discharge of a lesser characterization.  
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 5    No change 0
Reason -     Change 5    No change 0
(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: Conscientious Objector
Other: Block 25, to read separation authority:  “AR 600-43, paragraph 3-4”
            Block 26, separation code to read "KCM" 
            Block 28, reason for separation to read “Conscientious Objector” 										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090003876
______________________________________________________________________________


Page 1 of 3 pages