Applicant Name:  ?????

Application Receipt Date: 2009/07/15	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See enclosed DD Form 293 submitted bythe 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: 061106
Discharge Received: 			   Date: 070102   Chapter: 14-12b       AR: 635-200
Reason: Pattern Of Misconduct	   RE:     SPD: JKA   Unit/Location: Rear Det, 2-1 IN Regt, Fort Wainwright, AK 

Time Lost: AWOL for 19 days (051107-051125), he returned to the unit; and Confinement/Civil Authorities (050607-050608) for 1 day.  Total time lost 20 days.  However, this lost time is not annotated on the DD Form 214 block 29, dates of time lost during this period.

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

Courts-Martial (Charges/Dates/Punishment): 061010, SCM, dereliction of duty (050722-060331), assault on his wife (060226), AWOL (051107-051125), and failure to report on divers occasions (060310-060719); reduction to E-1, and confinement for 30 days. 

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  22
Current ENL Date: 041019    Current ENL Term: 3 Years  18 Weeks
Current ENL Service: 	02 Yrs, 03Mos, 14Days block 12a on the DD Form 214, date entered active duty this period is incorrect, should read (041019), see enlistment contract. 
Total Service:  		02 Yrs, 03Mos, 14Days block 12b on the DD Form 214, separation date this period is incorrect, should read (070102), see discharge order.
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 13F10 Fire Support Spec   GT: 98   EDU: GED Cert   Overseas: Alaska/Southwest Asia    Combat: Iraq (050816-051030)
Decorations/Awards: ICM

V.  Post-Discharge Activity
City, State:  Frankfort, ME
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 6 November 2006, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, Paragraph 14-12b, AR 635-200, by reason of misconduct-pattern of misconduct for receiving a Summary Court-Martial for dereliction of duty, assault, and AWOL x 2 , 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, 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 an under other honorable conditions discharge.  On 1 December 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.
       
       The applicant's record contains a Miltary Police Blotter Report dated 1 March 2006.

       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, 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 during the period of enlistment under review and the issues he submitted, the analyst found several mitigating factors that would merit a partial upgrade of the applicant's characterization of service to general, under honorable conditions.  There was a full consideration of all faithful and honorable service as well as the infractions of discipline, the extent thereof, and the seriousness of the offenses.  The evidence in this case supports a conclusion that the characterization of service is too harsh, and as a result it is inequitable.  While the applicant’s misconduct is not condoned, the analyst found that the length and quality of the applicant’s service, to include his combat service, and the circumstances surrounding the discharge (i.e., diagnosis of post traumatic stress disorder by a Medical Evaluation Board which granted him a 10% disability rating), mitigated the discrediting entries in his service record.  Accordingly, the analyst recommends to the Board that partial relief be granted in the form of an upgrade of the characterization of service to general, under honorable conditions. 
       
       Furthermore, by his misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge.  In view of the foregoing, 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: 19 August 2009         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 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: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090012476
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