Applicant Name:  ?????

Application Receipt Date: 2012/01/04	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that his characterization of service is affecting his chances at finding meaningful employment and he wants to be restored to the same state he was in prior to the allegations which is that of a Soldier who performed his duty faithfully and most importantly, honorably.  

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: 100122
Discharge Received: 			   Date: 101029   Chapter: 14-12c       AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: 312th Medcial Company, 807th Medical Command (Deployment Support), Seagoville, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): NIF

Courts-Martial (Charges/Dates/Punishment): NIF

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  23
Current ENL Date: Reenl/060103    Current ENL Term: 6 Years  ?????
Current ENL Service: 	4 Yrs, 9  Mos, 27  Days ?????
Total Service:  		12 Yrs, 4  Mos, 6  Days ?????
Previous Discharges: 	USAR 980624-990615/NA
                                       ADT    990616-000202/HD
                                       USAR 000203-030202/NA
                                       AD      030203-040515/HD
                                       USAR 040516-040605/NA
                                       RA      040606-060122/HD
Highest Grade: E-6		Performance Ratings Available: Yes    No 
MOS: 91B30 Wheeled Vehicle Mech   GT: NIF   EDU: HS Grad   Overseas: Southwest Asia (prior service)   Combat: Iraq (030407-040409)
Decorations/Awards: GCMDL (2), NDSM, GWOTSM, NCOPDR, ASR, C/Ach

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 22 January 2010, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of misconduct-commission of a serious offense; in that he assaulted a female SPC by touching her inappropriately after she had told him not to (080126); attempted to solicit sex from a female PFC while providing her transportation home from BattIe Assembly (081014); and sexually assaulted a female SPC (090207).  The unit commander recommended separation with an under other than honorable conditions discharge. 
       
       He was advised of his rights.  On 22 April 2010, 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 21 April 2010, the applicant was notified to appear before an administrative separation board and advised of his rights.  On 20 May 2010, the board met; the applicant appeared with counsel.  The board recommended that the applicant be discharged from the United States Army Reserves with a general, under honorable conditions discharge. 
       
       On 28 May 2010, the Command Judge Advocate reviewed the administrative separation baord proceedings and found them to be legally sufficient and forwarded the board proceedings to the separation authority with a recommendation for separation with a general, under honorable conditions discharge.  On 4 June 2010, the separation authority approved the board's findings and recommendations and directed the applicant’s discharge with a characterization of service of general, under honorable conditions. 
       
       The record contains a CID Report of Investigation dated 24 May 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, the issues, documents and the supplemental statement 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 issues in his supplemental statement (i.e., summary, facts, analysis, and conclusion) and that he is trying to find meaningful employment.  There was a full consideration of all faithful and honorable service as well as infractions of discipline, the extent thereof, and the seriousness of the offenses.  The analyst concluded that the discrediting entries in the applicant's record were not outweighed by prior or subsequent service of sufficient merit to warrant an upgrade of the discharge being reviewed. 
       
       
       
       Further, Army Regulation 635-200, in pertinent part, stipulates that a Soldier may be separated when initially convicted by civil authorities, or when action is taken that is tantamount to a finding of guilty, if a punitive discharge authorized for the same or a closely related offense under the Manual for Courts Martial or the sentence by civil authorities includes confinement for 6 months or more, without regard to suspension or probation. 
       
       The analyst noted that the applicant requested a hearing by a board of officers (Administrative Separation Board) and was represented by counsel, which recommended that the applicant be discharged from the service.  The Separation Authority approved the findings of the board of officers and directed separation.  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.  Further, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.
       
       The applicant further contends that he wants to be restored to the same state he was in prior to the allegations which is that of a Soldier.  The requests the applicant is asking does not fall within the purview of this Board.  If the applicant desires to return to the Army, he should contact the local recruiter to determine his eligibility.  Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes.  
       
       The applicant contends that his narrative reason for separation be changed.  The applicant was discharged under the provisions of Chapter 14, AR 635-200, by reason of misconduct, serious offense with a general, under honorable conditions discharge.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (Serious Offense)” and the separation code is "JKQ."  Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be entered under this regulation. 
       
       Therefore, the analyst determined 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: 8 June 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: Yes

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated 26 August 2011, copy of his entire OMPF with various dates, supplemental statement, to include attachments, undated. 

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:




ARCHIE L. DAVIS III
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 AR20120000389
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