Applicant Name: ????? Application Receipt Date: 2009/07/15 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: See enclosed DD Form 293 submitted bythe 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: 061106 Discharge Received: Date: 070102 Chapter: 14-12b AR: 635-200 Reason: Pattern Of Misconduct RE: SPD: JKA Unit/Location: Rear Det, 2-1 IN Regt, Fort Wainwright, AK Time Lost: AWOL for 19 days (051107-051125), he returned to the unit; and Confinement/Civil Authorities (050607-050608) for 1 day. Total time lost 20 days. However, this lost time is not annotated on the DD Form 214 block 29, dates of time lost during this period. Article 15s (Charges/Dates/Punishment): None Courts-Martial (Charges/Dates/Punishment): 061010, SCM, dereliction of duty (050722-060331), assault on his wife (060226), AWOL (051107-051125), and failure to report on divers occasions (060310-060719); reduction to E-1, and confinement for 30 days. Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 22 Current ENL Date: 041019 Current ENL Term: 3 Years 18 Weeks Current ENL Service: 02 Yrs, 03Mos, 14Days block 12a on the DD Form 214, date entered active duty this period is incorrect, should read (041019), see enlistment contract. Total Service: 02 Yrs, 03Mos, 14Days block 12b on the DD Form 214, separation date this period is incorrect, should read (070102), see discharge order. Previous Discharges: None Highest Grade: E-3 Performance Ratings Available: Yes No MOS: 13F10 Fire Support Spec GT: 98 EDU: GED Cert Overseas: Alaska/Southwest Asia Combat: Iraq (050816-051030) Decorations/Awards: ICM V. Post-Discharge Activity City, State: Frankfort, ME Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 6 November 2006, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, Paragraph 14-12b, AR 635-200, by reason of misconduct-pattern of misconduct for receiving a Summary Court-Martial for dereliction of duty, assault, and AWOL x 2 , with an under other than 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 submitted 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 an under other honorable conditions discharge. On 1 December 2006, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than honorable conditions. The applicant's record contains a Miltary Police Blotter Report dated 1 March 2006. 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, 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 during the period of enlistment under review and the issues he submitted, the analyst found several mitigating factors that would merit a partial upgrade of the applicant's characterization of service to general, under honorable conditions. There was a full consideration of all faithful and honorable service as well as the infractions of discipline, the extent thereof, and the seriousness of the offenses. The evidence in this case supports a conclusion that the characterization of service is too harsh, and as a result it is inequitable. While the applicant’s misconduct is not condoned, the analyst found that the length and quality of the applicant’s service, to include his combat service, and the circumstances surrounding the discharge (i.e., diagnosis of post traumatic stress disorder by a Medical Evaluation Board which granted him a 10% disability rating), mitigated the discrediting entries in his service record. Accordingly, the analyst recommends to the Board that partial relief be granted in the form of an upgrade of the characterization of service to general, under honorable conditions. Furthermore, by his misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge. In view of the foregoing, 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: 19 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: None ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20090012476 ______________________________________________________________________________ Page 1 of 3 pages