Application Receipt Date: Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: The Applicant states that he was discharged for a pattern of misconduct which came about after serving in Iraq as an 11C. He was late coming back from emergency leave granted so he could attend a fallen comrade's funeral. The next day, after being placed on extra duty he was found drinking after hours not knowing that soldiers on extra duty can't do that. Shortly after that incident he was found in possession of a stun gun. He asks for an upgrade in his discharge, to be reinstated in rank, and to be medically discharged. He submits a VA determination letter for PTSD with a 100 percent rating. He feels this medical condition should have been taken into account before his discharge and that he should have been medically retired instead of being summarily discharged with a general discharge. 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: 051205 Discharge Received: Date: 051223 Chapter: 14-12b AR: 635-200 Reason: Pattern of Misconduct RE: SPD: JKA Unit/Location: Time Lost: None Article 15s (Charges/Dates/Punishment): 050913, failure to report (050822), reduction to E-3, forfeiture of $361 (suspended), 14 days extra duty and restriction (CG) 051011, wrongful possession of a electronic stun gun (050917), reduction to E-1, forfeiture of $617 x 2, 45 days extra duty and restriction (FG) Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier's Overall Record DOB: 820112 Current ENL Date: 030219 Current ENL Term: 4 Years Current ENL Service: 02 Yrs, 10Mos, 05Days Total Service: 02 Yrs, 10Mos, 05Days Previous Discharges: None Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 11C10/Indirect Fire Spc GT: 107 EDU: HS Grad Overseas: Korea, SWA Combat: Iraq (040801-050615) Decorations/Awards: AAM, NDSM, KDSM, CIB, GWOTSM, GWOTEM, 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: The evidence of record shows that on 1 December 2005, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of pattern misconduct for failure to report (050822), disobeying a lawful order from an NCO by consuming alcohol while on restriction (050914), and by possession of an electronic stun gun (050917), 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 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 a general, under honorable conditions discharge. 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. 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, and the issue he submitted, the analyst found several mitigating factors that would merit an upgrade of the characterization of service to fully honorable. This recommendation was made after full consideration of his faithful and honorable service, as well as his record of misconduct. While the applicant's misconduct is not condoned, the evidence in this case supports a conclusion that the characterization of service was too harsh, and as a result it is now inequitable. The analyst determined that the overall length and quality of the applicant's service and his combat service mitigated the discrediting entries in his service record. Accordingly, the analyst recommends to the Board that the applicant's characterization 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: 14 March 2008 Location: Washington, D.C. 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 5 No change 0 - 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 characterization of service was too harsh based on the applicant's length and quality of his service to include his combat service and the circumstances surrounding his discharge and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization to fully honorable. Case report reviewed and verified by: Alejandro Champin, 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: 14 March 2008 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20080002277 Applicant Name: ______________________________________________________________________ Page 1 of 6 pages