Applicant Name: ????? Application Receipt Date: 080926 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: See DD Form 149 and supporting documentation 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: 080507 Discharge Received: Date: 080827 Chapter: 14-12c AR: 635-200 Reason: Misconduct (Serious Offense) RE: SPD: JKQ Unit/Location: 2d Space Co., 1st Space Bn., Peterson Air Force Base, CO Time Lost: AWOL 2 days (080127-080129), mode of return unknown. Article 15s (Charges/Dates/Punishment): 080328, communicating a threat to a Noncommissioned Officer (080318), wrongfully using a government credit card for personal expenses (0710-0711); reduced to E4, forfeiture of [illegible] pay per month for 2 months (suspended), restriction for 60 days (FG). Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 25 Current ENL Date: 050227 Current ENL Term: 3 Years 7 Months Current ENL Service: 03 Yrs, 06 Mos, 00 Days ????? Total Service: 09 Yrs, 01 Mos, 11 Days Applicant's DD 214, block 12c, does not account for Applicant's ARNG service of 1 year, 7 months and 11 days. Previous Discharges: RA - 040218-050226/HD RA - 020823-040217/HD RA - 990714-020822/HD ARNG - 971202-990713/UNC Highest Grade: E5 Performance Ratings Available: Yes No MOS: 21U Topographic Analyst GT: 94 EDU: HS Grad Overseas: Bahrain Combat: Iraq (040514-050313) Decorations/Awards: ARCOM (2), AAM (2), ASUA, AGCM, NDSM, GWOTEM, GWOTSM, NCOPDR, ASR, OSR (2) V. Post-Discharge Activity City, State: Colorado Springs, CO Post Service Accomplishments: None submitted by the Applicant. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 23 April 2008, the unit commander notified the Applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200, by reason of serious misconduct for unlawfully striking his wife on the head with a dog collar (071012), wrongfully having sexual intercourse with a woman not his wife (071202), wrongfully communicating a threat (080318), wrongfully using his Government Travel Card for personal expenses (October 2007 - November 2007), with an under other than honorable conditions discharge. The Applicant was advised of his rights. On 24 April 2008, the Applicant consulted with legal counsel and requested consideration of his case by an administrative separation board. The Applicant did not submit a statement on his own behalf. On 23 June 2008, the Applicant was notified to appear before an administrative separation board and advised of his rights. On 17 July 2008, the administrative separation board convened. The Applicant appeared with counsel. The board recommended that the Applicant be discharged with issuance of a character of service of under other than honorable conditions. On 15 August 2008, the separation authority approved the recommendation of the administrative separation board and directed that the Applicant be discharged with a characterization of service of under other than honorable conditions. The Applicant was to be reduced to the lowest enlisted grade. b. Legal Basis for Separation: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 of this regulation 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, however, a general under honorable conditions or an honorable discharge may be granted. c. Response to Issues, Recommendation and Rationale: After a careful review of the Applicant’s military records, and the issue and documents submitted with the application, 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 the former Soldier’s service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. By the misconduct, the Applicant diminished the quality of 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 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 July 2009 Location: Washington, D.C. 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: No Change Other: No Change RE Code: Grade Restoration: No Yes Grade: No Change ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20080015648 ______________________________________________________________________________ Page 1 of 3 pages