Applicant Name: ????? Application Receipt Date: 2008/11/10 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: See enclosed DD Form 149 in lieu of DD Form 293 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: 980427 Discharge Received: Date: 980521 Chapter: 14-12B AR: 635-200 Reason: Misconduct RE: SPD: JKA Unit/Location: 69th Signal CO, 504th Signal BN, 11th BDE, Ft. Hauchuca, AZ Time Lost: None Article 15s (Charges/Dates/Punishment): 980406, assault on Ms. X on or about 980307; reduction to E2, forfeiture of $519.15 a month for two months, extra duty for 45 days (FG). 961106, on 961012 charged with disorderly conduct, resisting apprehension, disobeying a lawful order and communicating a threat; 5 days extra duty and 5 days restriction (SUMM). 960829, on 960825 wrongfully communicated a verbal threat to PVT X and also assaulted PVT X by pushing her across the room twice; 7 days extra duty and 7 days suspended for a period of 180 days (SUMM). Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 20 Current ENL Date: 950214 Current ENL Term: 4 Years (Moral misdemeanor waiver) Current ENL Service: 03 Yrs, 03Mos, 08Days ????? Total Service: 03 Yrs, 03Mos, 08Days ????? Previous Discharges: None Highest Grade: E3 Performance Ratings Available: Yes No MOS: 31L10/Wire Sys Inst GT: 96 EDU: HS Grad Overseas: None Combat: None Decorations/Awards: AAM, NDSM, ASR V. Post-Discharge Activity City, State: Columbia, SC Post Service Accomplishments: None submitted VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 27 April 1998, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 12C, AR 635-200, by reason of misconduct for assault on Ms. X on 980307, suspended license for one year due to traffic failure to maintain proper insurance on your vehicle; a Summarized Article 15 for disorderly conduct about October 1996, a second Summarized Article 15 for communicating a threat and assaulting PVT X; disorderly conduct on or about November 1996, disorderly conduct on or about 961011, resisting arrest, assault and again communicating a threat, all violations under the UCMJ, 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. On 4 May 1998, 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 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 all 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. Furthermore, the record does not support the issue that the applicant suffers from Post Traumatic Stress Disorder and no evidence to support it has been submitted by the applicant, that the discharge was the result of any medical condition. 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 August 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: No Change Other: NA RE Code: Grade Restoration: No Yes Grade: NA ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20080019427 ______________________________________________________________________________ Page 2 of 3 pages