Applicant Name: ?????
Application Receipt Date: 090130 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 and supporting documentation 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: 070625
Discharge Received: Date: 070723 Chapter: 10 AR: 635-200
Reason: In Lieu of Trial by Court-Martial RE: SPD: KFS Unit/Location: HHD, 385th MP Bn, Task Force Fury, CJTF-82, Bagram Airfield, APO AE 09354
Time Lost: None
Article 15s (Charges/Dates/Punishment): 070214, At or near Bagram Airfield, Afghanistan, was disrespectful in language toward a senior NCO (070209) and violated General Order No. 1 by consuming alcohol (0702090); Reduction to E1, forfeiture of $701.00 pay per month for 1 month, extra duty and restriction for 45 days (FG).
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 30
Current ENL Date: 061005 Current ENL Term: 03 Years 2 Weeks
Current ENL Service: 00 Yrs, 09 Mos, 19 Days ?????
Total Service: 05 Yrs, 01 Mos, 20 Days ?????
Previous Discharges: RA 021212-040615/HD
RA 000713-021211/HD
ADT 990831-000128/UNC
Highest Grade: E4 Performance Ratings Available: Yes No
MOS: 92A Automated Log Spec GT: 103 EDU: HS GED Overseas: Hawaii, SWA Combat: Afghanistan (specific dates are not in the record of evidence.)
Decorations/Awards: AGCM, NDSM, ACM, GWOTSM, ASR, NATO Medal
V. Post-Discharge Activity
City, State: Oviedo, FL
Post Service Accomplishments: None submitted by the Applicant.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 25 July 2007, the Applicant was charged with violation of General Order No. 1 by consuming an alcoholic beverage at or near Bagram Airfield, Afghanistan (070616), violation of General Order No. 1 by possessing an alcoholic beverage at or near Bagram Airfield, Afghanistan (070616), wrongfully communicating a threat to a senior NCO (070616) and, wrongfully wearing upon his uniform the Ranger tab at or near Bagram Airfield, Afghanistan (070528). The record is void of evidence that the Applicant consulted with legal counsel. The unit commander and intermediate commander recommended approval of a bad conduct discharge. On 29 July 2007, the separation authority approved the discharge with a characterization of service of under other than honorable conditions. The Applicant was to be reduced to the lowest enlisted rank.
b. Legal Basis for Separation:
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a discharge for the good of the service in lieu of trial by court-martial. The request may be submitted at any time after charges have been preferred and must include the individuals admission of guilt. Army policy states that although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate.
c. Response to Issues, Recommendation and Rationale:
After a careful review of the Applicants available military records during the period of enlistment under review, the issues and documents submitted with the application, the analyst recommends that the Applicants characterization of service be upgraded to general, under honorable conditions. This recommendation was made after full consideration of the former Soldiers faithful and honorable service, as well as the record of misconduct. The evidence in this case supports a conclusion that the Applicants characterization of service was too harsh, and as a result it is inequitable. While the Applicant's misconduct is not condoned, the analyst noted that the overall length and quality of the Applicant's service, to include the combat service, mitigated the discrediting entries in the service record. Accordingly, the analyst recommends to the Board that the Applicants characterization of service be upgraded to general, under honorable conditions. However, the reason for discharge remains both proper and equitable.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 24 August 2009 Location: Washington, D.C.
Did the Applicant Testify? Yes No
Counsel: NA
Witnesses/Observers: NA
Exhibits Submitted: NA
VIII. Board Discussion, Determination, and Recommendation
After carefully examining the Aplicants record of service during the period of enlistment under review and considering the analysts recommendation and rationale, the Board determined that the characterization of service was too harsh based on the applicants length and quality of his service to include his combat service 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. The Board determined that the reason for discharge was proper and equitable and voted not to change it.
IX. Board Decision
XI. Certification Signature
Board Vote: Approval Authority:
Character - Change 3 No change 2
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: No Change
RE Code:
Grade Restoration: No Yes Grade: No Change
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20090005356
______________________________________________________________________________
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