Applicant Name:  ?????

Application Receipt Date: 2009/09/22	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 and attached document 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: 081118
Discharge Received: 			   Date: 081210   Chapter: 10     AR: 635-200
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: B Trp, 3-1 Cav Regt, Fort Benning, GA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): The unit commander's recommendation memorandum indicates that the applicant was reduced to PVT/E-1 on 28 October 2008; however, the reducing document is not part of the available record. 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  22
Current ENL Date: 060608    Current ENL Term: 3 Years  18 Weeks/with an approved moral waiver
Current ENL Service: 	02 Yrs, 06Mos, 03Days ?????
Total Service:  		02 Yrs, 06Mos, 03Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 19D10 Cavalry Scout   GT: 94   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (070313-080515)
Decorations/Awards: ARCOM, AAM, NDSM-W/CS, ICM, GWOTSM, ASR, OSR, CAB-NIF 

V.  Post-Discharge Activity
City, State:  Baldwin, 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 18 November 2008, 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 receiving numerous FTRs, drunk on duty with a blood alcohol concentration (BAC) of .112 (081023), and assault upon another Soldier (081101), 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, waived consideration of his case by an administrative separation board, and did not submit a statement in her own behalf.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  The intermediate and senior intermediate commanders reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge.  On 4 December 2008, 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 analyst noted that on the applicant's DD Form 214, block 25, "Separation Authority" reads " AR 635-200, Chapter 10," block 26, "Separation Code (SPD)" reads "KFS," and block 28, "Narrative Reason For Separation" reads "In lieu of Trial by Court-Martial." However, the separation authority approved the applicant's discharge under the provisions of Chapter 14, Paragraph 14-12c, AR 635-200, by reason of commission of a serious offense, which the separation code is "JKQ."

       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, 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, in reference to the applicant requesting an honorable discharge; however, by his misconduct the applicant diminished the quality of his service below that meriting a fully honorable discharge.  Further, the analyst noted the applicant's issue; however, 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 was fully supported by the record and therefore, remains both proper and equitable.
       
       Additionally, the analyst found that someone in the separation process erroneously entered on the applicant's DD Form 214, block 25, "Separation Authority" reads " AR 635-200, Chapter 10," block 26, "Separation Code (SPD)" reads "KFS," block 27, "Reentry Eligibility (RE) code" reads "4," and block 28, "Narrative Reason For Separation" reads "In lieu of Trial by Court-Martial."  The analyst recommends that block 25, "Separation Authority" be administratively changed to  "AR 635-200, Paragraph 14-12c," block 26, "Separation Code" changed to "JKQ," and block 28, "Narrative Reason For Separation" changed to "Misconduct-Commission of a Serious Offense" as approved by the separation approving authority. (See response to the above issue.)

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 23 October 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 characterization of service is too harsh, and as a result it is inequitable.  The Board determined that the length and quality of the applicant’s service, to include his combat service, and the circumstances surrounding the discharge (i.e., diagnosis by competent medical authority and treatment for post traumatic stress disorder), mitigated the discrediting entries in his service record.  Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to general, under honorable conditions.  However, the Board determined that the reason for discharge was proper and equitable and voted not to change it. 

Further, the Board directs ARBA St. Louis to administratively change, block 25, "Separation Authority" to  "AR 635-200, Paragraph 14-12c," block 26, "Separation Code" to "JKQ," and block 28, "Narrative Reason For Separation" to "Misconduct-Commission of a Serious Offense." 
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 5    No change 0
Reason -     Change 5    No change 0
(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: Misconduct-Commission of a Serious Offense, under provisions of Chapter 14, AR 635-200. 
Other: The Board directs ARBA St. Louis to administratively change, block 25, "Separation Authority" to "AR 635-200, Paragraph 14-12c," block 26, "Separation Code" to "JKQ," and block 28, "Narrative Reason For Separation" to "Misconduct-Commission of a Serious Offense." 										
RE Code: 
Grade Restoration:   No   Yes   Grade: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090016817
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