Applicant Name: ????? Application Receipt Date: 2008/09/04 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 and attached 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: 071015 Discharge Received: Date: 071119 Chapter: 14 AR: 635-200 Reason: Pattern of Misconduct RE: SPD: JKA Unit/Location: HHC, 5th Bn, 20th Inf Regt, Fort Lewis, WA Time Lost: None Article 15s (Charges/Dates/Punishment): 060923, Wrongfully communicated a threat to a sergeant and another Soldier to blow the sergeant's head off (060724) and wrongfully communicated to another Soldier a threat to kill his whole platoon between (060628 and 060722), reduced to E3, forfeiture of $797.00 per month for two months (suspended), 45 days extra duty, and 45 days restriction, (FG). 070217, suspension of punishment forfeiture of $797.00 per month for two months was vacated for disobeying a lawful order from a noncommissioned officer to turn around and get at parade rest (070213), failure to go at the time prescribed to his appointed place of duty X 2 (060117 and 061214), disrespect towards a noncommissioned officer (070213), disrespectful in deportment towards a noncommissioned officer (070117), disobeying a lawful order from a noncommissioned officer to get off the phone and go to the motor pool (070129), disobeying a lawful order from a noncommissioned officer to turn in a written job description of his duties (070113), and making a false statement official (061214). 070724, Disrespectful in deportment towards a noncommissioned officer by throwing his notebook and weapon down (070702), reduction to E2, forfeiture of $650.00 per month for two months, 45 days extra duty, and 45 days restriction, (FG). Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 24 Current ENL Date: 060420 Current ENL Term: 06 Years ????? Current ENL Service: 01 Yrs, 07Mos, 00Days ????? Total Service: 04 Yrs, 01Mos, 29Days The applicant DD Form 214 under review makes reference to a total of 11 months and 10 days of Prior Active Service, however the record is void of any documents to support this period of service. Previous Discharges: RA-040831-060419/HD Highest Grade: E4 Performance Ratings Available: Yes No MOS: 11B10/Infantryman GT: NIF EDU: HS Grad Overseas: Southwest Asia Combat: Iraq (060619-070925) Decorations/Awards: MCGCM, NDSM, GWOTS, ICM, ASR V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that on 15 October 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—pattern of misconduct for communicating two different threats between (060628 and 060725), failure to go to his appointed place of duty X 2 (061214 and 070127), making a false official statement (061214), disobeying a noncommissioned officer X 3 (070113, 070129, and 070213), and disrespect to a noncommissioned officer X 3 (070117, 070213, and 070702), 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's reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. On 4 November 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. 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 analyst noted the applicant's issues, however, the file was void of any evidence of in service PTSD or injuries sustained by the applicant while in Iraq. Further, the analyst found that the applicant's post service diagnosis of PTSD from the Department of Veterans Affairs did not overcome the reason for discharge and characterization of service granted. Having examined the above documentation, the analyst determined that the applicant's discharge was not the result of any medical condition and was administratively discharged under the provisions of Chapter 14, AR 635-200 by reason of misconduct- pattern of misconduct. In view of the foregoing, the analyst determined 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: 21 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 was both proper and equitable, and voted to deny relief. IX. Board Decision XI. Certification Signature Board Vote: Approval Authority: Character - Change 0 No change 5 Reason - Change 0 No change 5 (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: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20080013721 ______________________________________________________________________________ Page 1 of 3 pages