Applicant Name:  ?????

Application Receipt Date: 2010/09/10	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he wants an honorable discharge because he doesn't want this discharge to further bar him from getting a good education and hindering him from taking care of his family. Furthermore, he asks the board to take into consideration that he has served his country honorabley in Iraq for a year and did well in Korea until the issue which led to his discharge took place. Even his chain of command knew he had nothing to do with the acts because of the type of discharge he received. 

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: 071128
Discharge Received: 			   Date: 071222   Chapter: 14 Section II       AR: 635-200
Reason: Misconduct (Civil Conviction)	   RE:     SPD: JKB   Unit/Location: E Company, 2nd Aviation Regiment, 2nd Combat Aviation Brigade, 2nd Infantry Division, Korea APO AP 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 070411, disobeyed a lawful command from a Major, his superior commissioned officer (070209), wrongfully used provoking gestures towards a Major, his superior commissioned officer (070209), disobeyed a lawful order from CSM, a noncommissioned officer x 2 (070209), (070209), and violated a lawful general regulation by wrongfully having a blood alcohol content in excess of .10. (070304), reduction to Private First Class (E-3), forfeiture of $864.00 pay per month for two months (FG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  27
Current ENL Date: Reenl/061019    Current ENL Term: NIF Years  ?????
Current ENL Service: 	1 Yrs, 2 Mos, 4 Days ?????
Total Service:  		4 Yrs, 11 Mos, 17 Days ?????
Previous Discharges: 	RA 030106-061018/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 63J10 QM & Chem Equip Rep   GT: 104   EDU: HS Grad   Overseas: Southwest Asia, Korea (060613-071222)   Combat: Iraq (041203-051109)
Decorations/Awards: AAM (2), GCMDL, NDSM, GWOTSM, KDSM, ICMDL, ASR, OSR

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 16 March 2007, the applicant was convicted in the Seoul Central District Court, for aggravated assault upon a Korean national.  He was sentenced to imprisonment for one year and six months, suspended for two years.  On 28 November 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-9, Section II, AR 635-200, by reason of misconduct- conviction by a civil court in a foreign country, with a general, under honorable conditions discharge.  He was advised of his rights.  The applicant's election of rights is not contained in the available record and the analyst presumed government regularity in the discharge process. 
       
       The unit commander subsequently recommended separation from the service, and waiver of further ehabilitative efforts.  On 5 June 2007, the intermediate commander reviewed the proposed discharge action and recommended that the applicant be retained in the service.  On 13 June 2007, the senior intermediate commanded recommended approval of the separation action with a general, under honorable conditions discharge.  On 7 December 2007, the separation authority 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, the issue and document submitted with the application, the analyst found no mitigating factors which 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 the Seoul Central District Court, for aggravated assault upon a Korean national.  By his misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge. 
       
       Further, 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 of record.  
       
       The analyst noted the applicant's issue that he doesn't want this discharge to further bar him from getting a good education and hindering him from taking care of his family.  Eligibility for veteran's benefits to include educational benefits under the Post-9/11 or 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.
       
       Additionally, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities. 
       
       The applicant further contends that he served his country honorabley in Iraq for a year and did well in Korea until the issue which led to his discharge took place.  The analyst considered the applicant’s quality of service during the initial portion of the enlistment under review.  However, this service was determined not to be sufficiently meritorious to warrant an upgrade to the characterization of discharge.
       
       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: 13 May 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated 4 September 2010, copy of the unit commander's Recommendation for Retention dated 4 May 2007.

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 AR20100023469
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