Applicant Name:  ?????

Application Receipt Date: 2009/11/23	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states; "see attached recommendation letters & other Hon. Discharges."

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: 081015
Discharge Received: 			   Date: 090115   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: B Company, 2nd Battalion, 22nd Infantry Regiment, 1st Brigade Combat Team, 10th Mountain Division (Light Infantry), Forward Operating Base Warrior, Iraq, APO AE 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 080319, assaulted SSG, a noncommissioned officer on or about (080312); reduction to Private First Class (E-3); suspended, to be automatically remitted if not vacated before (080917); and restriction for 14 days (CG)

Courts-Martial (Charges/Dates/Punishment): 080927, Summary Court-Martial for assault, consummated by battery on or about (080904). He was sentenced to reduction to Private First Class (E-3) and hard labor without confinement for 30 days.

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  22
Current ENL Date: 060418    Current ENL Term: 3 Years  11 Weeks
Current ENL Service: 	2 Yrs, 8 Mos, 28 Days ?????
Total Service:  		7 Yrs, 9 Mos, 18 Days ?????
Previous Discharges: 	ARNG 010328-020721/NA
                                       ADT    020722-021028/HD
                                       ARNG 021029-030930/NA
                                       ADT    031001-050214/HD
                                       ARNG 050215-060417/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 11B10 Infantryman   GT: 94   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (070907-081027)
Decorations/Awards: ARCOM (2), NDSM, GWOTEM, GWOTSM, ASR, AFRMw/M Dev, ICMDLw/1 BSS

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None submitted by the applicant.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 11 October 2008, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12c, AR 635-200, by reason of misconduct-commission of a serious offense; in that he assaulted a noncommissioned officer on (080312) and assaulted a fellow Soldier on (080904), however; the unit commander recommended that the discharge be suspended for a period of 90 days, if no further misconduct occurs, and the said discharge should then be automatically remitted if not vacated prior to the end of the period of suspension.  He was advised of his rights. 
       
       On 14 October 2008, the applicant consulted with legal counsel, was advised of the impact of the discharge action, requested consideration of his case by an administrative separation board and submitted a statement in his own behalf.  On 15 October 2008, 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 a general, under honorable conditions discharge.  On 1 December 2008, the applicant was notified to appear before an administrative separation board and advised of his rights. 
       
       On 16 December 2008, the board met; and the applicant appeared with counsel.  The board recommended that the applicant be separated from the service by reason of a pattern of misconduct with issuance of a general, under honorable conditions discharge.  On 19 December 2008, the separation authority approved the findings and recommendation of the administrative separation board; 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 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, the issue and documents submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the applicant's discharge.  
       
       The analyst determined that 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 the 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 that the applicant did not submitted an issue of equity or propriety to be considered by the board and the board will not otherwise rely upon an issue of equity or propriety to change the discharge.  The analyst further noted that the duplicated letters and documents, which he submitted with his application were already part of the applicant's record and these documents contain no issues or other matters, which would provide the Board a basis upon which to grant relief. 
       
       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: 3 September 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated 23 November 2009, DA Form 638 dated 30 August 2004, copy of his ARCOM Certificate dated 1 June 2005, three copies of his DD Form 214, for various periods of active duty service during his tenure in the Army National Guard and Regular Army, and character reference letters, which were part of his separation packet, with various dates.

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: No Change












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 AR20090020494
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