Applicant Name:  ?????

Application Receipt Date: 2009/02/24	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See 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: 060314
Discharge Received: 			   Date: 060424   Chapter: 14-12c      AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: A Co, 1st Bn, 325th Abn Inf Regt, 2nd BCT, 82nd Abn Div, Fort Bragg, NC 

Time Lost: Military confinement 29 days from (060125-060224).

Article 15s (Charges/Dates/Punishment): 051209, at or near Fort Bragg, NC, on or about 15 November 2005, the applicant was disrespectful in deportment toward two NCOs, by not standing at the position of parade rest, and rolling his eyes and looking around; disobeyed a lawful order from a NCO by not reporting to the CQ desk every hour on the hour as instructed to do; failed to report to a company recall formation in a timely manner; at a local Night Club conducted himself in a disorderly manner which brought discredit upon the armed forces; reduction to the grade of E-3, forfeiture of $728.00 pay per month for two months, restriction and extra duty for 45 days (FG). 

Courts-Martial (Charges/Dates/Punishment): 060207, SCM, resisting arrest, assault on a military policeman, drunk and disorderly conduct, breaking restriction (25 December 2005); reduction to the grade of Private (E-1), forfeiture of 2/3 month's pay for one month; confinement for 30 days. 

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  21
Current ENL Date: 040903    Current ENL Term: 4 Years  ?????
Current ENL Service: 	01 Yrs, 06Mos, 21Days ?????
Total Service:  		03 Yrs, 07Mos, 17Days ?????
Previous Discharges: 	RA 020808-040902/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 11B10/Infantryman   GT: 86   EDU: HS GRAD   Overseas: SWA   Combat: Iraq (040111-050111)
Decorations/Awards: AAM, GWOTSM, ASR, OSR, ICM, CIB

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None listed by the applicant.








VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 14 March 2006, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of Misconduct (Serious Offense)—for resisting arrest by an armed forces policeman; assaulting a military police officer; drunk and disorderly conduct 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, unconditionally waived his right to an administrative separation board, and did not submit a statement in his own behalf.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  The intermediate commanders reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge.  On 5 April 2006, 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 military records, the issue, and documents submitted with the application, the analyst recommends to the Board that the applicant’s characterization of service be upgraded to general, under honorable conditions.  This recommendation was made after full consideration of his faithful and honorable service, as well as the former Soldier’s record of misconduct.  The evidence in this case supports a conclusion that the applicant’s characterization of service was too harsh, and as a result it is inequitable.  While the applicant's misconduct is not condoned, the overall length, quality and his combat tour in Iraq mitigated the discrediting entries in the service record.  Accordingly, the analyst recommends that the applicant’s characterization of service be upgraded to general, under honorable conditions.  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.   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: 2 November 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 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 applicant's overall length and quality of service, including a combat tour in Iraq.  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: No Change
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090006474
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