Applicant Name:  ?????

Application Receipt Date: 2010/08/17	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states: "OTH was based on erroneous and overcharged Field Grade Article 15 which violated Soldiers constitutional rights."

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: 100209
Discharge Received: 			   Date: 100325   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: 1/82d ARB 82nd CAB, Fort Bragg, NC 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 091026, Disobeying a lawful order from a noncommissioned officer (090930) and assault on a noncommissioned officer (090930), reduction to E3; forfeiture of $457.00 (suspended); and extra duty for 14 days (suspended), (CG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  23
Current ENL Date: 071011    Current ENL Term: 06 Years  ?????
Current ENL Service: 	02 Yrs, 04 Mos, 15 Days ?????
Total Service:  		06 Yrs, 10 Mos, 25 Days ?????
Previous Discharges: 	ARNG-030401-070130/HD
                                       USAR-070131-071010/NA
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 92F10/Petroleum Supply Specialist   GT: 91   EDU: GED   Overseas: Southwest Asia   Combat: Afghanistan (090505-100116)
Decorations/Awards: ARCOM, NDSM, GWOTSM, ICM-w/CS, ASR, OSR, AFRM-w/M Device, ACM-w/CS, NATOMDL, AFRM, CAB

V.  Post-Discharge Activity
City, State:  Rogersville, TN
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       Evidence of record shows that on 9 February 2010, 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 pattern of misconduct for wrongfuly wearing the rank of a staff sergeant as a private first class, wearing a ranger tab without completion of said school, assault on a noncommissioned officer, and disobeying an noncommissioned officer, with a general, under honorable conditions discharge.  He was advised of his rights.  

       On 10 Feberuary 2009, 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 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 than honorable conditions.
       
       On 11 Februay 2010, the brigade commander, renotified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, by reason of pattern of misconduct for wrongfuly wearing the rank of a staff sergeant as a private first class, wearing a ranger tab without completion of said school, assault on a noncommissioned officer, and disobeying an noncommissioned officer, with a general, under honorable conditions discharge.  He was advised of his rights.   
       
       On 16 Feberuary 2010, 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 his own behalf.
       
       On 3 March 2010, 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.

       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 available military records during the period of enlistment under review, the issues, and documents submitted with the application, the analyst found several mitigating factors which would merit a upgrade of the applicant's characterization of service to general, under honorable conditions.  
       
       The analyst does not condone the applicant’s misconduct; however, the evidence in this case supports a conclusion that the characterization of service was too harsh, and as a result it is inequitable.  The analyst found the length of the applicant's service to include the his combat service, and the fact that the unit commander initially recommended that the applicant receive a general, under honorable conditions dicharged, mitigated the discrediting entries in his service record.  
       
       Accordingly, the analyst recommends that the applicant’s characterization of service be upgraded to general, under honorable conditions.  However, the analyst determined the reason for discharge was fully supported by the record and therefore, remains both proper and equitable.  This action entails a restoration of grade to PFC/E3.
       
       
       
       
       
       
       
       
       
       
       
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 11 July 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel:  [ redacted ]

Witnesses/Observers:  [ Mother and Father, names redacted ] 

Exhibits Submitted: The applicant provided 28 pages of additionally documents in support of his case, which included: Letters of Support (4), Statement from a Command Sergeant Major (2 pages), School/Grade Transcript Statement (2 pages), and Various Certificates Earned During Service (18 pages).

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review, hearing his testimony, 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 2    No change 3
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: NA
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA













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 AR20100021685
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