Applicant Name:  ?????

Application Receipt Date: 2012/02/24	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant did not submit an issue of equity or propriety for the boards consideration.

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: 090303
Discharge Received: 			   Date: 100531   Chapter: 14-12c       AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: Alpha Battery, 2-77 Field Artillery Battalion, Fort Carson, CO 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 090209, disobeyed a lawful order from SSG, a noncommissioned officer (080428), maltreated a SPC  (081022), with intent to deceive, made an official statement to a Special Agent, which statement was false (081022), willfully and wrongfully exposed his genitals in an indecent manner while in a public place on divers occasions (081022), on divers occasions, engaged in sexual contact with a SPC, which such sexual contact was without legal justification or lawful authorization (080501-081022), unlawfully touch a SPC between (080201-080229), reduction to Specialist (E-4), forfeiture of $1,109.00 pay per month for two months, extra duty and restriction for 45 days (FG)

070930, dereliction of duty; in that he negligently failed to maintain accountability of his M4 Carbine, as it was his duty to do so (070907), forfeiture of $665.00 pay per month, extra duty for 14 days (CG)

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/060614    Current ENL Term: 5 Years  ?????
Current ENL Service: 	3 Yrs, 11  Mos, 18  Days ?????
Total Service:  		9 Yrs, 11  Mos, 18  Days ?????
Previous Discharges: 	USAR 000512-000612/NA
                                       RA      000613-030723/HD
                                       RA      030724-060613/HD
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 13D10 Field Artillery Autom   GT: 93   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq x 3, (030212-030531), (051105-061019), (070801-080112)
Decorations/Awards: ARCOM (2), AAM, GCMDL (2), NDSM, GWOTEM, GWOTSM, ICMw/CS (2), NCOPDR, ASR, OSR, MUC, 






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 3 March 2009, 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 recieved an Article 15 for disobeying an order by a Noncommisioned Officer, maltreating a soldier, giving a false statement, willifully and wrongfully exposed in an indecent manner to public view his genitals, engaged in sexual contact with a Soldier, and unlawfully touched a Soldier, with an under other than honorable conditions discharge.  He was advised of his rights.  
        
       On 5 March 2009, the applicant consulted with legal counsel, requested consideration of his case by an administrative separation board and did not submit a statement in his own behalf.  On 3 March 2009, the unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts. 
       
       On 4 March 2009, the intermediate commander reviewed the proposed action and recommended approval with an under other than honorable conditions discharge.  On 21 December 2009, the senior intermediate commander recommended approval with a general, under honorable conditions discharge.  On 11 February 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 disobeyed an order from a noncommissioned officer, maltreated a Soldier, gave a false official statement, willfully and wrongfully exposed in an indecent manner to public view his genitals, engaged in sexual contact with a Soldier and unlawfully touched a Soldier.  The unit commander recommended separation with an under other than honorable conditions discharge. 
       
       On 10 March 2010, the separation approving authority appointed an administrative separation board.  On 14 April 2010, the applicant again consulted with legal counsel and 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.  On 19 April 2010, the intermediate commander recommended approval with a general, under honorable conditions discharge.  On 26 April 2010, the senior intermediate commander recommended approval with a general, under honorable conditions discharge.
         
       On 29 April 2010, the separation authority reviewed the administrative separation action and directed that the applicant be processed under the provisions of AR 635-200, Chapter 14-12c, by reason of misconduct-commision of a serious offense and further determined that the applicant's medical condition was not a direct or substantial contributing cause of the misconduct and that the administrative separation under the provisions of Chapter 14-12c, commission of a serious offense, is appropriate in the applicant's case.  The separation authority approved the administrative separation and directed that the applicant be discharged with a 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 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 the applicant's 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 that the applicant did not submit an issue of equity or propriety on his DD Form 293 for the boards consideration.
       
       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: 5 September 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated 19 February 2012.
















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 AR20120004106
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