Applicant Name:  ?????

Application Receipt Date: 2009/05/11	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See enclosed DD Form 293 and documents submitted by the Applicant.  The applicant states, "I was discharged from Active Duty based on my ex wife's claims of abuse. She made her claim of abuse on 25Aug2005. I was discharged by 3Nov2005. The final investigation did not come down until 31Mar2006, almost 6 months after I was out of the Army. The report deemed that her claims were unfounded and included several statements by MPs saying that they felt that she was not being honest. Also given as the reason for discharge in my separation packet were two statements that have no documentation to back them up. Both claim to be just 2 business days before my chapter was signed off on by my CPT and LTC. I have never known the military to process paperwork with such amazing speed, let alone the CPT and the LTC both signing off on paperwork on the same day, without so much as giving it a day of condideration. I know that these things were just added because they knew I would not recieve a discharge board as I had only been in the Army for three and a half years, but they needed enough things in the packet for the COL to sign off on it. Even if the other reasons for my discharge are taken as fact, the main reason was my ex wife's false claims of abuse. The remaining reasons for dicharge were not enough warrent my being separated from the Army. I wish to have my military service record reflect how I served with honor and not the false claims by my ex wife. I also hope to once again serve my nation and hope that if it is found that my discharge wasn't proper, that my RE Code is also upgraded to a '1' so that I may once again serve in the Army which I love. Thank you for your time and consideration in this matter." 

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: 051003
Discharge Received: 			   Date: 051103   Chapter: 14-12B       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: D Battery, 5th Bn, 52d Air Defense Artillery, 11th  Air Defense Artillery Brigade, Ft. Bliss, TX  

Time Lost: None

Article 15s (Charges/Dates/Punishment): 050321 summarized article 15 on or about 8 July 2004 failed to obey a lawful regulation by accessing pornographic web sites from the battery’s official government computer and failed to go to at the time proscribed to his appointed place of duty; 14 days of extra duty (CG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 020425    Current ENL Term: 4 Years  ?????
Current ENL Service: 	3 Yrs, 06Mos, 09Days ?????
Total Service:  		3 Yrs, 06Mos, 09Days ?????
Previous Discharges: 	None
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 14E10 Patriot FC Operator   GT: 122   EDU: GED   Overseas: SWA   Combat: Kuwait/Iraq (030229-030529)
Decorations/Awards: AAM-2, NDSM, ASR, GWOTEM, SWOTSM


V.  Post-Discharge Activity
City, State:  Selmer, TN
Post Service Accomplishments: Nothing provided by the Applicant.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 3 October 2005, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 12b, AR 635-200, by reason of misconduct—for having received a summarized Article 15 for accessing pornographic web sites from a government computer, breaking into his quarters and verbally communicated a threat to his wife and child, disobeying a noncommissioned officer and leaving his post without permission from his commander or chain of command, 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 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 reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.  On 14 October 2005, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions.
       
       The record contains two Military Police Reports dated 050523 and 050830.
       

       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, and the issue and documents submitted with the application, 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 the former Soldier’s service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  By the misconduct, the applicant diminished the quality of 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 applicatants issue, however the analyst found no evidence of arbitrary or capricious actions by the command.  The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.   Furthermore, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.”  If reenlistment is desired, the applicant should contact the local recruiter to determine 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.  Therefore, the analyst determined that the reason for discharge and the characterization of service 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: 091207         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, hearing his testimony and considering the analyst’s recommendation and rationale, the Board determined that the discharge was both proper and equitable, 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: NA
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090008220
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