Application Receipt Date: 061012 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See applicant's attached DD Form 293 and supporting documents. 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: 050404 Discharge Received: Date: 050427 Chapter: 14 AR: 635-200 Reason: Misconduct RE: SPD: JKA Unit/Location: Support Squadron, 3d Armored Cavalry Regiment, Fort Carson, CO 80913 Time Lost: None Article 15s (Charges/Dates/Punishment): No Article 15's were found in the available records, however, the unit commander's memorandum of recommendation makes reference to the applicant receiving a Field Grade Article 15. Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 800508 Current ENL Date: NIF Current ENL Term: NIF Years ????? Current ENL Service: 02 Yrs, 03Mos, 21Days ????? Total Service: 02 Yrs, 03Mos, 21Days ????? Previous Discharges: 030107 Highest Grade: E4 Performance Ratings Available: Yes No MOS: 92G10 (Food Service Specialist) GT: 101 EDU: HS Grad Overseas: None Combat: None Decorations/Awards: NDSM, GWOTSM, ASR V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: The applicant states he is currently attending Georgia Military College. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that on 4 April 2005, 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 (wrongful previous overindulgence in intoxicating liquor or drugs, incapacitated for the proper performance of his duties, having pending assault charges resulting from his detention; failing to obey a direct order or regulation; failing to report to his place of duty on several occasions; missing formation on several occasions; and failing to achieve a passing score of 180 points on every event on the Army Physical Fitness Training Test), with a general, under honorable conditions discharge. He was advised of his rights. The applicant waived 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 8 April 2005, the separation authority directed that the applicant be discharged with a characterization of service of general, under honorable conditions. The analyst noted on the DD Form 268 (Report to Suspend Favorable Personnel Actions (FLAG)) dated 15 February 2005, found in the applicant's record, shows in item 5 (ETS/ESA/MRD) that the applicant's ETS is 6 January 2007. 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 noted that the separation approving authority considered derogatory information from a prior period of honorable service in characterizing the applicant’s discharge. Consideration of such evidence is improper unless the applicant is granted a fully honorable characterization of service. In view of the foregoing, the analyst determined that the characterization of service was and is improper. Accordingly, the analyst recommends that relief be granted in the form of an upgrade of the characterization of service to fully honorable. However, the analyst determined that the reason for discharge was both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 7 November 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: CHRISTINE U. MARTINSON DATE: 20 November 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060014495 Applicant Name: Mr. ______________________________________________________________________ Page 4 of 4 pages