Application Receipt Date: 080125 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See enclosed DD Form 293 submitted by the applicant. 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: 040817 Discharge Received: Date: 040908 Chapter: 14 AR: 635-200 Reason: Misconduct RE: SPD: JKA Unit/Location: B Co, 2/8th Inf, 4ID(M), Fort Hood, TX Time Lost: None Article 15s (Charges/Dates/Punishment): 040708, Failure to go at the time prescribed to his appointed place of duty (040706), reducted to E-3, forfeiture of $348.00 pay, 14 days extra duty, and 14 days restriction, (CG). 030615, Assault on another Soldier, by punching him in the face with a closed fist (030521), reduction to E-1 (suspended), forfeiture of $291.00, 14 days extra duty, and 14 days restriction, (CG). 020930, Disobeying a lawful command from his superior commissioned officer (020906) and disobeying a lawful command from a noncommissioned officer (020911), 14 days extra duty, and 14 days restriction, Summarized Article 15. Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 830208 Current ENL Date: 010830 Current ENL Term: 04 Years ????? Current ENL Service: 03 Yrs, 00Mos, 09Days ????? Total Service: 03 Yrs, 00Mos, 09Days ????? Previous Discharges: None Highest Grade: E4 Performance Ratings Available: Yes No MOS: 11B10/Infantryman GT: 99 EDU: HS Grad Overseas: Southwest Asia Combat: Iraq (030411-040415) Decorations/Awards: GWOTEM, GWOTSM, NDSM, ASR 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 22 February 2002, 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 for receiving a Article 15 (040708) for failure to report to his appointed place of duty (040706), Article 15 (030615) for assault on another Soldier (030521), Article 15 (020930) for disobeying a commissioned officer (020906) and a noncommissioned officer (020911), and numerous counseling statements including; failure to report to his duty on time on different occasions, disobeying lawful order from his chain of command on different occasions, and leaving appointed place of duty, 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, 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, and did submit a statement in his own behalf which was not found in the available records. 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 24 August 2004, the separation authority 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. 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. Furthermore, the evidence of record shows that the command attempted to assist the applicant in performing and conducting himself to Army standards by providing counseling and by the imposition of non-judicial punishment. The applicant failed to respond appropriately to these efforts. Additionally, the analyst noted the applicant's issue that his misconduct was related to Post Traumatic Stress Disorder, however, the record does not support the applicant’s contention, and no evidence to support it has been submitted by the applicant, that his discharge was the result of any medical condition. In view of the foregoing, the analyst determined that 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: 9 April 2008 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 0 No change 5 - Character Change 0 No change 5 - 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 to deny relief. Case report reviewed and verified by: Eric S. Moore, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: CHRISTINE U. MARTINSON DATE: 10 April 2008 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20080001588 Applicant Name: ______________________________________________________________________ Page 1 of 6 pages