Applicant Name:  ?????

Application Receipt Date: 2009/06/29	Prior Review:     Prior Review Date: Records Review (030820).

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 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: 940414
Discharge Received: 			   Date: 940706   Chapter: 14-12c       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKQ   Unit/Location: D Co, 2/28th Inf, Fort Jackson, SC  

Time Lost: None

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:  34
Current ENL Date: 911021    Current ENL Term: 05 Years  ?????
Current ENL Service: 	02 Yrs, 08Mos, 16Days ?????
Total Service:  		18 Yrs, 02Mos, 12Days ?????
Previous Discharges: 	RA-750917-791024/HD   
                                       RA-791025-821021/HD
                                       RA-821022-860620/HD
                                       USARCG-860621-860714/NA
                                       ARNG-860715-870714/HD
                                       RA-880223-911020/HD
Highest Grade: E6		Performance Ratings Available: Yes    No 
MOS: 63B10   GT: 113   EDU: Coll Grad   Overseas: Korea   Combat: None
Decorations/Awards: MSM, ARCOM-4, AAM-5, AGCM-5, NDSM, NCOPDR-2, ASR, OSR, C/Ach-11, C/A-2, L/C-2

V.  Post-Discharge Activity
City, State:  Cocoa, FL
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       Evidence of record shows that on 14 April 1994, 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 having violated a lawful general regulation (17 and November 1993) by engaging in personal conversation with, sexual intercourse with and dodomy with a female Soldier in training; violated a lawful general regulation during the period of (1 December 1993 thru 5 January 1994) by engaging in personal conversations with, personal telephone calls with, and mailing personal correspondence to a female Soldier int training; and violated a lawful general regulation during the period (1 December 1993 thru 5 January 1994) by engaging in personal conversations with, personal telephone calls with, and mailing personal correspondence to a female Soldier in training, and by visiting the said Soldier at or near her home, with an under other than honorable conditions discharge.  
       
       He was advised of his rights.  On 18 April 1994, 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 and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed discharge action and recommended approval with an under other than honorable conditions discharge.
       
       On 19 May 1994, the applicant was notified to appear before an administrative separation board and advised of his rights.  On 3 June 1994, the administrative separation board convened.  The applicant appeared with counsel.  The board recommended that the applicant be discharged with issuance of a character of service of general, under honorable conditions.
         
       On 22 June 1994, the separation authority approved the recommendation of the administrative separation board and directed that the applicant be discharged with a characterization of service of general, under honorable conditions.

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 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, but a general discharge 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 during the period of enlistment under review and the issues he submitted, 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 his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  By his misconduct, the applicant diminished the quality of his 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.  
       
       The analyst noted the applicant's issues that his discharge was inequitable because his command knew that he possessed information that was detrimental to their careers and that they were retailiating towards him based on previous Special Court-Martial finding that embarrassed them.  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.
       
       Further, reguarding the applicant's issue that his discharge was improper because he had over 18 years of total military service; however, AR 635-200, paragraph 1-19f states that any Soldier who has completed 18 or more years of active Federal service will not be involuntarily discharge or release from active duty without approval at HQDA level.  The record further shows that the applicant had 17 years, 1 month, and 18 days of active Federal service at the time of his discharge.
       
       Additionally, 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 if appropriate.  
       
       In view of the foregoing the analyst determined that the characterization of service and reason for discharge 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: 23 April 2010         Location: Atlanta, GA

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, hearing his testimony, 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: NA
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA















Legend:
AWOL    	Absent Without Leave		GCM   General Court Martial	NA   Not applicable			SCM	Summary Court Martial
BCD   	Bad Conduct Discharge	GD      General Discharge	NIF   Not in the file			SPCM	Special Court Martial
CG 	Company Grade Article 15	HD      Honorable Discharge	OAD   Ordered to Active Duty		UNC	Uncharacterized Discharge  
DD 	Dishonorable Discharge	HS       High School Graduate	OMPF   Official Military Personnel File	UOTH  	Under Other Than Honorable 
FG	Field Grade Article 15		IADT   Initial Active Duty Training	RE     Reentry Code				Conditions 

ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090011315
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