Case Number AR20070016097 Applicant Name: ??? Application Receipt Date: 2007/11/09 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 and attached documents submitted by the Applicant 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: 000607 Discharge Received: Date: 000630 Chapter: 14-12B AR: 635-200 Reason: Misconduct RE: SPD: JKA Unit/Location: HHC, 159th Avn Bde, Ft Campbell, KY Time Lost: None Article 15s (Charges/Dates/Punishment): 000502// disobeyed lawful order from 1SG (000303), fail to go to appointed place of duty x2 (000224, 000222); reduced to E3, forfeiture of $667.00 x 2 months (suspended), 45 days extra duty, 45 days restriction. (FG). Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 750630 Current ENL Date: 990331 Current ENL Term: 4 Years ????? Current ENL Service: 01 Yrs, 03 Mos, 00 Days ????? Total Service: 06 Yrs, 05 Mos, 07Days ????? Previous Discharges: USMC 940124-980123 / HD USMCR 980124-980816 / NA USAR 980817-990330 / NA The available record reflects the applicant enlisted in the USAR at Elkridge, MD on 980817 for 3 years, however, the record does not contain any information of discharge from this period of service. Highest Grade: E4 Performance Ratings Available: Yes No MOS: 93P10 Aviation Operations Spec GT: 108 EDU: GED Overseas: None Combat: None Decorations/Awards: MUC / NDSM / USMC GCMDL/ HSM / ASR / Meritorious Mast V. Post-Discharge Activity Home of Record: Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that on 7 June 2000, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—for failure to be at his appointed place of duty x2 (000224, 000222), disobeying a lawful order from 1SG (000303), failure to fulfill numerous financial obligations, and driving with a suspended license (000305) 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, unconditionally waived his right to 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 a general, under honorable condition discharge. On 22 June 2000, 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 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 file was void of any evidence that the applicant was deployed to any recent conflicts or of PTSD or injuries sustained by the applicant while in a combat zone, and the applicant did not provide any corroborating evidence of the aforementioned medical issues. 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: 13 February 2008 Location: Washington D.C. 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: Edgar Yanger, 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: 15 February 2008 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE ______________________________________________________________________ Page 1 of 5 pages