Applicant Name: ????? Application Receipt Date: 080327 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: See enclosed DD Form 293 and documents submitted by the Applicant 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: 070426 Discharge Received: Date: 070711 Chapter: 14-12c AR: 635-200 Reason: Misconduct, (Serious Offense) RE: SPD: JKQ Unit/Location: A Battery, 3rd Bn, 82nd Field Artillery, 2nd Bde Combat Team, Multi-National Division-Baghdad, Forward Operating Base III, Iraq Time Lost: None Article 15s (Charges/Dates/Punishment): None Courts-Martial (Charges/Dates/Punishment): 070416, SPCM, violation of a lawful General Order by wrongfully consuming alcohol x 2 (070115, 070131), fraternization (070131), false statement (070201), found not guilty and acquitted of all charges and specifications Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 23 Current ENL Date: 051222 Current ENL Term: 3 Years ????? Current ENL Service: 1 Yrs, 6Mos, 19Days ????? Total Service: 4 Yrs, 10Mos, 27Days ????? Previous Discharges: RA 020815-051221/HD Highest Grade: E5 Performance Ratings Available: Yes No MOS: 13B10 Cannon Crewmember GT: 115 EDU: HS Grad Overseas: Iraq Combat: Iraq x 2 (030301-040301 and 061019-070617) Decorations/Awards: ARCOM-3, AAM-2, AGCM, NDSM, KDSM, GWOTEM, GWOTSM, NOPDR, ASR, OSR V. Post-Discharge Activity City, State: Killeen, TX Post Service Accomplishments: Enlistment Document for Guam Army National Guard dated 080926 VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 26 April 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—for dereliction in the performance of his duties by failing to report a violation of General Order Number 1 and for having perjured yourself during your special court- martial, with a general under honorable conditions discharge. He was advised of his rights. The applicant consulted with legal counsel, was advised of the impact of the discharge action and submitted 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 a general under honorable conditions discharge. On 27 May 2007, the separation authority waived further rehabilitative efforts and 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. It states that an honorable discharge is a separation with honor, and is appropriate when the quality of the Soldier’s service is so meritorious that any other characterization would be inappropriate. 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 documents submitted with the application, the analyst recommends to the Board that the applicant’s characterization of service be upgraded to fully honorable. This recommendation was made after full consideration of his faithful and honorable service, as well as the former soldier’s record of misconduct. The evidence in this case supports a conclusion that the applicant’s characterization of service was too harsh, and as a result it is inequitable. While the applicant's misconduct is not condoned, the overall length and quality of the applicant's service to include his two combat tours in Iraq and his post service accomplishments with the Guam Army National Guard mitigated the discrediting entries in the service record. Accordingly, the analyst recommends that the applicant’s characterization of service be upgraded to fully honorable. However, the analyst determined that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 22 January 2009 Location: Washington DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA 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 is now inequitable. The Board found that the overall length and quality of the applicant's service, his combat service, his post service accomplishments, his enlistment in the Guam National Guard since his discharge mitigated the discrediting entry in his service record. Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to fully honorable and a change to the narrative reason for separation to Secretarial Authority. This action entails a change to the reentry eligibility (RE) code to "1." IX. Board Decision XI. Certification Signature Board Vote: Approval Authority: Character - Change 5 No change 0 Reason - Change 5 No change 0 (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: Secretarial Authority Other: NA RE Code: Grade Restoration: No Yes Grade: NA ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20080004723 ______________________________________________________________________________ Page 1 of 3 pages