Application Receipt Date: 060803 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See applicant's attached DD Form 293. II. Were Proper Discharge and Separation Authority procedures followed? Yes No Tender Offer: ????? See Attachments: Legal Medical Minority Opinion Exhibits III. Original Character of Discharge Unit CDR Recommended Discharge: Date: 030312 Discharge Received: Date: 030502 Chapter: 14 AR: 635-200 Reason: Misconduct RE: SPD: JKA Unit/Location: Bravo Detachment, 203d Personnel Services Battalion, Fort Richardson, Alaska 99505 Time Lost: None Article 15s (Charges/Dates/Punishment): 030206/Failure to go at the time prescribed to his appointed place of duty X3, on or about (021106), (021220), and (021223), disobeying a lawful order from a (SFC) on or about (021220), making a false official statement to a (SSG) on or about (021106), and wrongfully driving a motor vehicle without a license on or about (021223)/(Company Grade). The suspension of punishment of "Reduction to the grade of private first class/E3", imposed on (030206) was vacated on (030212), based on the applicant breaking restriction on or about (030211). Second Article 15: 030314/Breaking restriction on or about (030211) and (030216)/(Field Grade) Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 790331 Current ENL Date: 010820 Current ENL Term: 03 Years (Extented period of enlistment 6 months on (010917), giving him a new ETS of (050219)). Current ENL Service: 01 Yrs, 08Mos, 13Days ????? Total Service: 04 Yrs, 01Mos, 29Days ????? Previous Discharges: RA-990304-010819/HD Highest Grade: E4 Performance Ratings Available: Yes No MOS: 75H10 (Personnel Service Specialist) GT: 90 EDU: HS Grad Overseas: Alaska Combat: None Decorations/Awards: AAM (2d Award), NDSM, ASR V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that on 12 March 2003, 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 (receiving a Article 15 for failing to be at his appointed place of duty, disobeying a lawful order, making a false official statement and driving with a permit, breaking restriction, failure to follow orders, disobeying a lawful order given by an commissioned officer, failure to be in proper uniform and mix matching uniforms, insubordinate conduct toward an noncommissioned officer, domestice violence, and driving without a license) 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 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 a general, under honorable conditions discharge. On 16 April 2003, the separation authority 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, 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 Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities. Therefore, the reason for discharge and the characterization of service remains both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 11 July 2007 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA VIII. Board Decision The discharge was: Proper Improper Equitable Inequitable The characterization of service was: Proper Improper Equitable Inequitable The narrative reasons were: Equitable Inequitable DRB voting record: Change 0 No change 5 - Character Change 0 No change 5 - Reason (Board member names available upon request) IX. 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. Case report reviewed and verified by: Eric S. Moore, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 20 July 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060011550 Applicant Name: Mr. ______________________________________________________________________ Page 2 of 6 pages