Applicant Name: ????? Application Receipt Date: 2010/08/17 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states: "OTH was based on erroneous and overcharged Field Grade Article 15 which violated Soldiers constitutional rights." 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: 100209 Discharge Received: Date: 100325 Chapter: 14-12b AR: 635-200 Reason: Pattern of Misconduct RE: SPD: JKA Unit/Location: 1/82d ARB 82nd CAB, Fort Bragg, NC Time Lost: None Article 15s (Charges/Dates/Punishment): 091026, Disobeying a lawful order from a noncommissioned officer (090930) and assault on a noncommissioned officer (090930), reduction to E3; forfeiture of $457.00 (suspended); and extra duty for 14 days (suspended), (CG) Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 23 Current ENL Date: 071011 Current ENL Term: 06 Years ????? Current ENL Service: 02 Yrs, 04 Mos, 15 Days ????? Total Service: 06 Yrs, 10 Mos, 25 Days ????? Previous Discharges: ARNG-030401-070130/HD USAR-070131-071010/NA Highest Grade: E4 Performance Ratings Available: Yes No MOS: 92F10/Petroleum Supply Specialist GT: 91 EDU: GED Overseas: Southwest Asia Combat: Afghanistan (090505-100116) Decorations/Awards: ARCOM, NDSM, GWOTSM, ICM-w/CS, ASR, OSR, AFRM-w/M Device, ACM-w/CS, NATOMDL, AFRM, CAB V. Post-Discharge Activity City, State: Rogersville, TN Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that on 9 February 2010, 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 pattern of misconduct for wrongfuly wearing the rank of a staff sergeant as a private first class, wearing a ranger tab without completion of said school, assault on a noncommissioned officer, and disobeying an noncommissioned officer, with a general, under honorable conditions discharge. He was advised of his rights. On 10 Feberuary 2009, the applicant consulted with legal counsel, was advised of the impact of the discharge action, waived consideration of his case by an administrative separation board, 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 an under other than honorable conditions. On 11 Februay 2010, the brigade commander, renotified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, by reason of pattern of misconduct for wrongfuly wearing the rank of a staff sergeant as a private first class, wearing a ranger tab without completion of said school, assault on a noncommissioned officer, and disobeying an noncommissioned officer, with a general, under honorable conditions discharge. He was advised of his rights. On 16 Feberuary 2010, the applicant consulted with legal counsel, was advised of the impact of the discharge action, waived consideration of his case by an administrative separation board, and did not submit a statement in his own behalf. On 3 March 2010, 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. 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 available military records during the period of enlistment under review, the issues, and documents submitted with the application, the analyst found several mitigating factors which would merit a upgrade of the applicant's characterization of service to general, under honorable conditions. The analyst does not condone the applicant’s misconduct; however, the evidence in this case supports a conclusion that the characterization of service was too harsh, and as a result it is inequitable. The analyst found the length of the applicant's service to include the his combat service, and the fact that the unit commander initially recommended that the applicant receive a general, under honorable conditions dicharged, mitigated the discrediting entries in his service record. Accordingly, the analyst recommends that the applicant’s characterization of service be upgraded to general, under honorable conditions. However, the analyst determined the reason for discharge was fully supported by the record and therefore, remains both proper and equitable. This action entails a restoration of grade to PFC/E3. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 11 July 2011 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: [ redacted ] Witnesses/Observers: [ Mother and Father, names redacted ] Exhibits Submitted: The applicant provided 28 pages of additionally documents in support of his case, which included: Letters of Support (4), Statement from a Command Sergeant Major (2 pages), School/Grade Transcript Statement (2 pages), and Various Certificates Earned During Service (18 pages). VIII. Board Discussion, Determination, and Recommendation After carefully examining the applicant’s record of service during the period of enlistment under review, hearing his testimony, 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 2 No change 3 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 Legend: AWOL Absent Without Leave GCM General Court Martial NA Not applicable SCM Summary Court Martial BCD Bad Conduct Discharge GD General Discharge NIF Not in the file SPCM Special Court Martial CG Company Grade Article 15 HD Honorable Discharge OAD Ordered to Active Duty UNC Uncharacterized Discharge DD Dishonorable Discharge HS High School Graduate OMPF Official Military Personnel File UOTH Under Other Than Honorable FG Field Grade Article 15 IADT Initial Active Duty Training RE Reentry Code Conditions ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20100021685 ______________________________________________________________________________ Page 3 of 3 pages