Applicant Name:  ?????

Application Receipt Date: 2009/02/12	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See the DD Form 293 and attached documents 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: 070818
Discharge Received: 			   Date: 071031   Chapter: 14-12c       AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: B Co, 2nd BN, 8th Cavalry, Regiment, 1st CBT, 1st Cav Division, Camp Taji, Iraq 

Time Lost: None

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

Courts-Martial (Charges/Dates/Punishment): 070616, SCM, for pointing a dangerous weapon likely to produce death or grievous bodily harm (a loaded M4 carbine), unlawfully striking the PV2 in the face with his hand and in the stomach with his fist and communicating a threat to the PV2 on (080614) at Camp Taji, Iraq, guilty on all counts; 30 days confinement, reduced to E1, forfeiture of $934

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: 030513    Current ENL Term: 4 Years  ?????
Current ENL Service: 	04 Yrs, 04Mos, 24Days Retained 172 days for the convenience of the Government
Total Service:  		04 Yrs, 04Mos, 24Days ?????
Previous Discharges: 	None
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 19K10/Cavalry Scout   GT: 110   EDU: HS   Overseas: Korea, SWA   Combat: Iraq x2 (040808-050809) & (061101-071006)
Decorations/Awards: PH, ARCOM, AAM, AGCM, NDSM, KDSM, ICM, GWTEM, GWTSM, ASR, OSR, CAB

V.  Post-Discharge Activity
City, State:  Toledo, OH
Post Service Accomplishments: None submitted

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on18 August 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph12C, AR 635-200, by reason of misconduct—for receiving a summary court martial, for pointing a dangerous weapon likely to produce death or grievous bodily harm (a loaded M4 carbine), unlawfully striking the PV2 in the face with his hand and in the stomach with his fist and communicating a threat to the PV2 on (070614) at Camp Taji, Iraq with an under other than 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 his right to 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.  The intermediate commander (s) reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge.  On2 September 2007, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than honorable conditions.

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 of this regulation 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 available military records, and the issue and documents submitted with the application, the analyst found several mitigating factors that would merit a partial upgrade of the applicant's characterization of service to general, under honorable conditions.  The analyst does not condone the applicant’s misconduct; however, the evidence in this case supports a conclusion that the characterization of service was too harsh, and as a result it is inequitable.  The analyst found that the length of the applicant's service to include the former Soldier’s combat service and, the medical circumstances surrounding the discharge mitigated the discrediting entries in his service record.  Accordingly, the analyst recommends that the applicant’s characterization of service be upgraded to general, under honorable conditions.  However, the analyst determined that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable. 

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 5 August 2009         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: None

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 was too harsh and as a result it is inequitable, based on the overall 
length and quality of the applicant's service to include his combat service.  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 both proper and 
equitable and voted not to change it. 
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 5    No change 0
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: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090006337
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