Applicant Name:  ?????

Application Receipt Date: 2009/05/29	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: 071114
Discharge Received: 			   Date: 080321   Chapter: 14-12c      AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: HHC, 160th Avn (SOAR), Ft Lewis, WA 

Time Lost: Civilian confinement, for 30 days from (070919-071018).

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:  32
Current ENL Date: 050620    Current ENL Term: Indef Years  ?????
Current ENL Service: 	02 Yrs, 08Mos, 01Days ?????
Total Service:  		17 Yrs, 08Mos, 02Days ?????
Previous Discharges: 	RA 040916-050619/HD
                                       RA 010712-040915/HD
                                       RA 951102-010711/HD
                                       RA 900620-951101/HD  
Highest Grade: E-6		Performance Ratings Available: Yes    No 
MOS: 15U10/CH-47 Helicopter Repairer   GT: 125   EDU: HS GRAD   Overseas: Mulitiple Locations - NIF   Combat: Iraq (040315-050315)
Decorations/Awards: AM, ARCOM (3), AAM (2), AGCM (5), NDSM W/BS, AFEM, GWOTSM, ARSM, NCOPDR (2), ASR, OSR (5), NM, SACB

V.  Post-Discharge Activity
City, State:  Henderson, NV
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 November 2007, 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—Commission of a Serious Offense for on or about 12 July 2007 attempting to obtain a bank loan by false pretenses; on or about 12 July 2007, 17 May 2007, 31 May 2007 and 20 December 2006 conspiring with his wife to commit larceny; on or about 17 May 2007 obtaining a loan by false pretenses; on or about 31 May 2007 obtaining a debit account from BECU by false pretenses; larceny, by on or about 20 December 2006 obtaining a line of credit from Macy's by false pretenses; forgery, on or about 17 May 2007 when signing for a loan; 17 May 2007, impersonating a commissioned officer; on or about 17 May 2007 by falsely presenting another person's social security number as his own with an under other than honorable conditions discharge.  He was advised of his rights.  On 30 November 2007, the applicant consulted with legal counsel and requested consideration of his case by an administrative separation board,    The applicant did not submit a statement on his own behalf.  
       
       The unit commander subsequently recommended separation from the Army.  The intermediate commander reviewed the proposed discharge action and recommended approval with an under other than honorable conditions discharge.  On 13 August 2001, the applicant was notified to appear before an administrative separation board and advised of his rights.  On 15 January 2008, the administrative separation board convened.  The board recommended that the applicant be discharged with issuance of a character of service of under other than honorable conditions discharge.  
       
       On 30 January 2008, the separation authority approved the recommendation of the administrative separation board 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, 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 applicant's issue that he was never convicted of a crime; however, the applicant’s Official Military Personnel File (OMPF) does not contain all the specific documents that would support his contention that the State of Washington dismissed the case against him.  If the applicant desires to appear before a personal appearance Board, the burden of proof remains with the former Soldier to provide the appropriate documents or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board’s consideration.  
       
       Further, 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.  
       Further, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “4.”  An RE code of “4” cannot be waived and the applicant is no longer eligible for reenlistment.  With regard to reinstatement, the action does not fall within the purview of this Board.  The applicant may apply to the Army Board for Correction of Military Records (ABCMR), utilizing DD Form 149 regarding this matter.  An application for that Board can be obtained online or from the Veterans Administration.  
       
       Additionally, 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.
       
       In view of the foregoing, 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: 28 April 2010         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: Five documents totaling 17 pages.

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 discharge was both proper and equitable and 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: No Change
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090009443
______________________________________________________________________________


Page 1 of 3 pages