Applicant Name:  ?????

Application Receipt Date: 2011/08/08	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he originally was supposed to have an honorable discharge and he has the memorandum signed by a Colonel.  Instead of taking the steps to get the necessary signature, it was changed to a general, under honorable conditions dishcarge and he has the supporting document that is proof of an honorable discharge.   

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: NIF
Discharge Received: 			   Date: 110210   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: 546th Medical Company (Area Support), Task Force 261st Multifunctional Medical Battalion, Camp Liberty, Iraq, APO AE 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 100906, sexually harassing a female PFC and wrongfully impeding an official investigation.  The punishment imposed as a result of the Article 15 is not in the available record.  This information was taken from the intermediate commander's recommendation to separate the applicant from the Army.  

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  22
Current ENL Date: Reenl/081016    Current ENL Term: 6 Years  ?????
Current ENL Service: 	2 Yrs, 3 Mos, 25 Days ?????
Total Service:  		5 Yrs, 4 Mos, 12 Days ?????
Previous Discharges: 	USAR 050922-050928/NA
                                       RA      050929-0-81015/HD
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 68W10 Health Care Spec   GT: 112   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (100801-101219)
Decorations/Awards: ARCOM, GCMDL, NDSM, GWOTSM, ICMDLw/CS, NCOPDR, ASR

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 November 2010, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12b, AR 635-200, by reason of misconduct-pattern of misconduct; in that he sexually harassed a female PFC between (100501-100817) and wrongfully endeavored to impede an official investigation, with a general, under honorable conditions discharge.  He was advised of his rights.  On 18 November 2010, 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's recommendation is not part of the available record and the analyst presumed government regularity in the discharge process.  On 22 November 2010, the intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.  On 28 February 2011, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. 
       
       The applicant received a Formal Letter of Reprimand for alleging that an inappropriate relationship between himself and a SSG did exist and it was determined that the evidence was sufficient to warrant further action, dated 30 April 2010. 

       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 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 the applicant's issue that he originally was supposed to have an honorable discharge and he has the memorandum signed by a Colonel; instead of taking the steps to get the necessary signature, it was changed to a general, under honorable conditions discharge and he has the supporting document that is proof of an honorable discharge. 
       
       Even though the applicant submitted a copy of the memorandum dated 30 November 2010, signed by a Colonel showing an honorable discharge, the evidence of record shows that a corrected copy of the memorandum which was signed by the same Colonel dated 28 February 2011, was issued to the Commander, Separation Transition Center, Fort Hood, TX directing that the applicant be discharged with issuance of a general, under honorable conditions discharge.  
       
       Additionally, the analyst found no evidence of arbitrary or capricious actions by the command.  The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  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: 17 February 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated 15 July 2011, Memorandum for the Commander Separation Transition Center, Fort Hood, TX dated 30 November 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						
Board Vote:
Character - Change 0    No change 5
Reason -     Change 0    No change 5
(Board member names available upon request)

X.  Board Action Directed
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

XI.  Certification Signature
Approval Authority:



EDGAR J. YANGER
Colonel, U.S. Army
President, Army Discharge Review Board




BONITA E. TROTMAN
Lieutenant Colonel, U. S. Army
Secretary Recorder
?????



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 AR20110016229
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