Applicant Name: Application Receipt Date: 2008/06/01 Prior Review: No Prior Review Date: I. Applicant Request: Change to Honorable and Change Reason For Separation REASON: Yes REASON CHANGE: Yes RE CODE CHANGE: Yes Issues: 144.9950 Chp 14, E, Misconduct, Character 100.0300 Change of Reenlistment Codr (RL) II. Were Proper Discharge and Separation Authority procedures followed? Tender Offer: See Attachments: Legal: Yes Medical: No Minority Opinion: No Exhibits: Yes III. Discharge Under Review Unit CDR Recommended Discharge: General Discharge Cert Date: 2006/06/01 Discharge Received: General Discharge Cert Date: 2006/06/01 Chapter: 14 AR: 635-200 Reason: Misconduct - Civil Confinement RE: RE-4A SPD: jkl Unit/Location: 101st Airborne / Fort Campbell Time Lost: Reason: Civil Confinement Date From: 2006/01/01 Date To: 2006/05/01 Article 15s and Courts-Martial (Charges/Dates/Punishment): Offense: DWI Offense Date: 2006/01/01 Punishment: Art 15 Counseling Records Available: No IV. Soldier’s Overall Record Age at current enlistment: Current ENL Date: 2005/01/01 Current ENL Term: 3 Years Current ENL Service: 1 Yrs, 6 Mos, 23 Days Total Service: 1 Yrs, 6 Mos, 23 Days Previous Discharges: Highest Grade: Private First Class - Enl Pay Grade 3 Performance Ratings Available: No MOS: 91M GT: 103 EDU: High School Overseas: No Combat: No Decorations/Awards: Award/Decoration: Army Svc Ribbon V. Post-Discharge Activity City, State: arlington,VA 22000 Post Service Accomplishments: I done better. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: 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. Retention is normally only considered in exceptionally meritorious cases when clearly in the best interests of the Army. Because of the civilian conviction, the applicant diminished the quality of service below that meriting a fully honorable (or general discharge). (The Board decided that an Administrative Separation Board was properly conducted and that the separation authority determined the specific offenses warranted separation.) The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that his (her) service mitigated the misconduct or poor duty performance. The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief. b. Legal Basis for Separation: 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. Retention is normally only considered in exceptionally meritorious cases when clearly in the best interests of the Army. Because of the civilian conviction, the applicant diminished the quality of service below that meriting a fully honorable (or general discharge). (The Board noted that an Administrative Separation Board was properly conducted and that the separation authority determined the specific offenses warranted separation.) The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that his (her) service mitigated the misconduct or poor duty performance. The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief. c. Response to Issues, Recommendation and Rationale: 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. Retention is normally only considered in exceptionally meritorious cases when clearly in the best interests of the Army. Because of the civilian conviction, the applicant diminished the quality of service below that meriting a fully honorable (or general discharge). (The Board noted that an Administrative Separation Board was properly conducted and that the separation authority determined the specific offenses warranted separation.) The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that his (her) service mitigated the misconduct or poor duty performance. The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: ADRB Date: 2009/01/30 Location: Washington, D.C. Did the Applicant Testify? No Did the Applicant Appear? No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: 214, letter from minister, police check 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. Retention is normally only considered in exceptionally meritorious cases when clearly in the best interests of the Army. Because of the civilian conviction, the applicant diminished the quality of service below that meriting a fully honorable (or general discharge). (The Board noted that an Administrative Separation Board was properly conducted and that the separation authority determined the specific offenses warranted separation.) The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that his (her) service mitigated the misconduct or poor duty performance. The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief. IX. Board Decision Board Vote: Character – 0 Change 2 No Change Reason - 0 Change 2 No Change (Board member names available upon request) XI. Certification Signature Approval Authority: EDGAR J. YANGER Colonel, U.S. Army President, Army Discharge Review Board Issue a new DD Form 214 No Change Characterization to: Change Reason to: Other: RE Code: Grade Restoration: No Grade: ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20090000527 ______________________________________________________________________________ Page 2 of 4