Applicant Name:  ?????

Application Receipt Date: 2010/03/19	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he is pursuing a dream of becoming a law enforcement officer. He has finished and received an Associate Degree in Conservation Law Enforcement. A honorable discharge would assist him in making this dream a reality. He worked extremely hard while in the military and would continue to in law enforcement. 

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: 011206
Discharge Received: 			   Date: 020122   Chapter: 14, Section II       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKB   Unit/Location: Company A, 172ND Support Battalion, Fort Wainwright, AK 

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:  26
Current ENL Date: Reenl/001025    Current ENL Term: 5 Years  ?????
Current ENL Service: 	1 Yrs, 2 Mos, 28 Days ?????
Total Service:  		6 Yrs, 8 Mos, 26 Days ?????
Previous Discharges: 	RA 950427-971016/HD
                                       RA 971017-001024/HD
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 88M2P Motor Transport Oper   GT: 109   EDU: HS Grad   Overseas: Alaska (981001-020122)   Combat: None
Decorations/Awards: AAM (6), HSM, ASR, OSR, MFO, 

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: The applicant stated that he has received an Associate's Degree in Conservation Law Enforcement. 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 10 October 2001, the applicant was convicted in the District Court for the State of Alaska at Fairbanks, for attempted sexual abuse of a minor in the third degree.  He was sentenced to 210 days with all but 75 days suspended, and it was recommended that the applicant be furlough eligible for work release, pay the statutorily mandated surcharge of $50.00, and placed on probation until 10 October 2003 subject to certain conditions outlined in the courts sentencing.  On 6 December 2001, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-5, AR 635-200, by reason of misconduct-conviction by a civil court, with a general, under honorable conditions discharge.  He was advised of his rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an administrative separation board contingent upon him receiving a characterization of service no less favorable than a general, under honorable conditions discharge, and did not submit a statement in his own behalf. 
       
       The unit commander subsequently recommended separation from the service, and waiver of further ehabilitative efforts.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge.  On 2 January 2002, the separation authority directed that the applicant be discharged with a characterization of service of general, under honorable conditions.
       
       The record contains a CID Report of Investigation dated 4 June 2001, in reference to the applicant's offense of; sexual abuse of a minor in the third degree.

       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, and the issue submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  There was a full consideration of all faithful and honorable service as well as the infraction of discipline, the extent thereof, and the seriousness of the offense.  The evidence of record shows that the applicant was convicted in a civil court for the offense; attempted sexual abuse of a minor in the thrid degree. 
       
       Because of the civilian conviction, the applicant diminished the quality of his service below that meriting a fully honorablel discharge.  The analyst noted that the applicant waived his rights to an Administrative Separation Board.  The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that his service mitigated the misconduct of record.  
       
       The analyst noted the applicant'ss issue that he has received an Associate's Degree in Conservation Law Enforcement and is pursuing a dream of becoming a law enforcement officer.  The analyst acknowledges the applicant's successful transition to civilian life and the accomplishment outlined in his application.  However, in review of the applicant’s entire service record, the analyst found that this accomplishment did not overcome the reason for discharge and characterization of service granted.  Further, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  
       
       In view of the foregoing, 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: 5 November 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated 10 March 2010.

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 AR20100011664
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