Applicant Name:  ?????

Application Receipt Date: 2009/08/28	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he requests an upgrade of his discharge to fully honorable.  Also, would like to return to serve his country and has shown steady progress since his ETS.

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: 970916
Discharge Received: 			   Date: 970926   Chapter: 14-12c       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKQ   Unit/Location: C Co, 2nd Aviation Regt, Aviation Maint Co, APO AP 96257 

Time Lost: Confinement/Military Authorities for 119 days (970418-970815).

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

Courts-Martial (Charges/Dates/Punishment): 970418, GCM, committing an assault upon a SSG by striking him in the neck with a means likely to produce death or grievous bodily harm, to wit; a broken bottle (961110); reduction to
 E-1, forfeiture of $500 pay x 5 months, and confinement for 5 months. 

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  22
Current ENL Date: 961025    Current ENL Term: 03 Years  ?????
Current ENL Service: 	00 Yrs, 07Mos, 04Days ?????
Total Service:  		04 Yrs, 02Mos, 08Days ?????
Previous Discharges: 	RA-930319-961024/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 92A10 Automated Logistical Spec   GT: 105   EDU: HS Grad   Overseas: Korea   Combat: None
Decorations/Awards: AGCM, NDSM, ASR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: The applicant submitted a document that shows he is employed by the United States Equal Employment Opportunity Commission.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 16 September 1997, 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 committing an assault upon another Soldier by striking him in the neck with a means likely to produce death or grievous bodily harm, to wit; a broken bottle with a general, under honorable conditions discharge.  
       
       
       
       He was advised of his rights.  The applicant waived legal counsel, was advised of the impact of the discharge action, 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.  
        
       On 17 September 1997, the separation authority waived further rehabilitative efforts 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 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 during the period of enlistment under review, the issues 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 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 issue and acknowledges his successful transition to civilian life and noted the many accomplishments outlined with the application.  However, in review of the applicant’s entire service record, the analyst found that these accomplishments did not overcome the reason for discharge and characterization of service granted. 
       
       Further, after careful consideration of the applicant's entire service record, to include his faithful and honorable service, the analyst found that this service was determined not to be sufficiently meritorious to warrant an upgrade of the discharge under review. 
       
       At the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.”  If the applicant desires to reenlist, he should contact the local recruiter to determine his 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: 7 July 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA

 

Exhibits Submitted: The applicant submitted the following documents:  Letter, U.S. Equal Employment Opportunity Commission,  dated (080227); Certificate of Achievement, dated (060524); Certificate of Completion, dated (050714); two (2) Dean's List Certificates, dated (0012-0103), (0103-0106); College Transcript (040128); two (2) Character Letters, dated (090213), (090204); Letter of Support, dated (010720); two (2) Letters of Recommendation, dated (010607), (010612); DD Form 4/3, dated (930319); Personnel Qualification Record, dated (930921); General Court-Martial Order Number 13 (2) pages, dated (970815); DA Report of Result of Trial, dated (970415); Report of Mental Status Evaluation, dated (970827); Memorandum, dated (980520); DA Form 4856 (General Counseling Form), dated (970916); two (2) DA Forms 4187, dated (970818), (970604); Discharge Orders (2) pages, dated (970919); Chapter 14 Discharge Packet (8) pages; and a DD Form 214, dated (970926).   

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: No Change										
RE Code: 
Grade Restoration:   No   Yes   Grade: None





















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 AR20090015160
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