Application Receipt Date: 061026	

Prior Review    Prior Review Date: None

I.  Applicant Request
Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD293, and attached documents submitted by 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: 010601
Discharge Received:     Date: 011002   
Chapter: 14-12B    AR: 635-200
Reason: Misconduct
RE:     SPD: JKA
Unit/Location: Medical Company, USAMDA, Fort Wainwright, AK 

Time Lost: None

Article 15s (Charges/Dates/Punishment): None

Court-Martials (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier's Overall Record
DOB:  
Current ENL Date: 971007    Current ENL Term: 4 Years  Extended 1 yr 10 mo, (990823)
Current ENL Service: 3 Yrs, 11Mos, 26Days      
Total Service:  11 Yrs, 7Mos, 26Days      
Previous Discharges: RA 900207-97100HD
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 91B10/ Medical Specialist    GT: 97   EDU: HS Grad   Overseas: Alaska   Combat: Desert Storm (Dates-NIF)
Decorations/Awards: AAM, AGCM-2,NDSM, SWASM w/2BSS, SWASM, ASR, SAKUISM, PRCHT BAD, 
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: None120

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
Evidence of record shows that on 1 June 2001, 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 for three occasions of assault, three occasions of indebtedness, failing to report on two occasions, failing to obey orders and failing to comply with court ordered support for his wife and two step children, with a general under honorable conditions discharge.  He was advised of his rights.  On 16 July 2001 the applicant consulted with legal counsel and voluntarily waived consideration of his case by an administrative separation board, contingent upon his receiving a characterization of service of no less favorable than honorable.  The applicant submitted a statement on his own behalf.  On 16 July 2001, 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 action with a general under honorable conditions discharge.  On 13 August 2001, the applicant was notified to appear before an administrative separation board and advised of his rights.  On 29 August 2001, the administrative separation board convened.  The applicant appeared with counsel.  The board recommended that the applicant be discharged with issuance of a character of service of general, under honorable conditions.  On 24 September 2001, the separation authority approved the recommendation of the administrative separation board and directed that the applicant be discharged with a characterization of service of general, under honorable conditions.

The record contains a General Officer Letter of Reprimand dated 23 March 1999.

      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:  
      The analyst carefully examined the applicant's record of service during the period of enlistment under review and the documents he submitted.  There was a full consideration of all faithful and honorable service as well as the infractions of discipline, the extent thereof, and the seriousness of the offenses.  The analyst determined that 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.  Furthermore, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of "3."  If the applicant desires to reenlist, he should contact the local recruiter to determine his eligibility to reenlist.  Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes.  Therefore, the analyst determined 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: 19 December 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 1    No change 4   - 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: , 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: 

XI.  Certification Signature and Date
Approval Authority: 

MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


CHRISTINE U. MARTINSON			DATE: 21 December 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE