Application Receipt Date: 060310 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 and attached document. II. Were Proper Discharge and Separation Authority procedures followed? Yes No Tender Offer: ????? See Attachments: Legal Medical Minority Opinion Exhibits III. Original Character of Discharge Unit CDR Recommended Discharge: Date: 050210 Discharge Received: Date: 050315 Chapter: 14 AR: 635-200 Reason: Misconduct RE: SPD: JKQ Unit/Location: HHC 18th MP Brigade Victory Base APO, AE 09342 Time Lost: CMA-14 days (050210-050222). Article 15s (Charges/Dates/Punishment): None Court-Martials (Charges/Dates/Punishment): SCM-050204, disrespect toward a CPT x 2, (050101); disrespectful in language toward a SGT, (050101); assault on a SGT (050101); violate a lawful general order by consuming alcohol, (050101); and wrongfully communicate a threat to a CPT, (050101.) Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 821211 Current ENL Date: 030102 Current ENL Term: 3 Years ????? Current ENL Service: 02 Yrs, 02 Mos, 01 Days ????? Total Service: 02 Yrs, 02 Mos, 01 Days ????? Previous Discharges: None Highest Grade: E3 Performance Ratings Available: Yes No MOS: 92G10 Food Service Spec GT: 102 EDU: HS Grad Overseas: Germany Combat: Kuwait/Iraq (041130-050224) Decorations/Awards: NDSM, GWOTEM, GWOTSM, ASR, OSR V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that on 8 February 2005, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—commission of a serious offense (he disrespected commissioned and noncommissioned officers, assaulted a noncommissioned officer, violated a lawful general order by consuming alcohol, and he communicated a threat), with an under other than honorable conditions discharge. He was advised of his rights. The applicant consulted with legal counsel, was advised of the impact of the discharge action, waived consideration of his case by by an administrative separation board and did not submit a statement in his own behalf. The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts. The senior commander reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge. On 19 February 2005, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than honorable conditions. b. Legal Basis for Separation: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 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, but a general discharge 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 during the period of enlistment under review, the issue and document he submitted, the analyst recommend that the applicant’s characterization of service be upgraded to general, under honorable conditions. This recommendation was made after full consideration of his faithful and honorable service, as well as his 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 analyst found that the overall length of the applicant's service to include his combat service mitigated the discrediting entries in his service record. However, the reason for discharge was both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 070124 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA VIII. Board Decision The discharge was: Proper Improper Equitable Inequitable The characterization of service was: Proper Improper Equitable Inequitable The narrative reasons were: Equitable Inequitable DRB voting record: Change No change (Character) Change No change (Reason) (Board member names available upon request) IX. 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 characterization of service was too hrash and as a result it is inequitable. The Board found that the overall length of the applicant's service to include his combat service and the medical circumstances surrounding the discharge mitigated the discrediting entries in his service record. Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to general, under honorable conditions. However, the Board determined that the reason for discharge was both proper and equitable and voted not to change it. Case report reviewed and verified by: Mr. Kenneth McFarley, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: None Other: NA RE Code: Grade Restoration: No Yes Grade: None XI. Certification Signature and Date Approval Authority: ROBERT L. HOUSE Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 070126 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060003562 Applicant Name: Mr. ______________________________________________________________________ Page 5 of 5 pages