Application Receipt Date: 060403 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 and attached documents. 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: 050427 Discharge Received: Date: 050531 Chapter: 14 AR: 635-200 Reason: Misconduct RE: SPD: JKA Unit/Location: 308th MI Company 908th MIG Fort Leavenworth, KS 66027 Time Lost: None Article 15s (Charges/Dates/Punishment): 050331-fail to obey a lawful general regulation, by wrongfully engaging in a prohibited sexual relationship with a subordinate soldier that worked in his section and in his platoon, between on or about (040901) and on or about (040930), (FG). 040309-derelict in the performance of duty, from about (040126) to about (040129), maltreat a SPC on or about, (040127), make a false official statement to a 1SG, on or about (040203), and incapacitated for the proper performance of duty, (040129), (CG). Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 720915 Current ENL Date: 020926 Current ENL Term: 3 Years ????? Current ENL Service: 02 Yrs, 08 Mos, 05 Days ext 37 months (010509) Total Service: 07 Yrs, 09 Mos, 24 Days ????? Previous Discharges: RA-970807-020925/HD Highest Grade: E6 Performance Ratings Available: Yes No MOS: 97B10 CI Agent/11M10 FV Infantryman GT: 120 EDU: Associate Degree Overseas: None Combat: None Decorations/Awards: ARCOM (2), AAM (3), AGCM (2), NDSM, GWOTSM, NCOPDR w/2, ASR, EIB 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 27 April 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—pattern of misconduct (received a field grade article 15 for wrongfully engaging in a prohibited sexual relationship (050331), received a company grade article 15 for dereliction of duty, subordinate maltreatment, false official statement, and wrongful prior over indulgence of intoxicating liquor (040309), he stole U.S. currency, of a value of about $7,103.00, the property of the U.S. Government, between on or about (031001 and between on or about (041101), and he stole U.S. currency, of a value of about $2,683.33, the property of the U.S. Government, between (010901 and 020211), 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, requested consideration of his case by an administrative separation board, and did not submit a statement in his own behalf. On 3 May 2005, the applicant again consulted with legal counsel and waived consideration of his case 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 intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge. On 9 May 2005, the separation authority reviewed the separation action and directed that the applicant be discharged with issuance of a characterization of service of under other than honorable conditions. The applicant was to be reduced to the lowest enlisted rank. A CID investigation was conducted on (041005). 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 and the issue he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. 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 his 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. Therefore, the analyst determined that the reason for discharge and the characterization of service remains both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 070214 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 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: 070216 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060004865 Applicant Name: Mr. ______________________________________________________________________ Page 6 of 6 pages