Application Receipt Date: 061121
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 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: NIF
Discharge Received: Date: 050708
Chapter: 14-12b AR: 635-200
Reason: Misconduct
RE: SPD: JKA
Unit/Location: HHB, 69th ADA Bde, Kitzingen, Germany, APO AE
Time Lost: None
Article 15s (Charges/Dates/Punishment): 030909, drunk driving (030727), reduction to E-4, $912 x 2, 45 days restriction, 45 days extra duty (suspended) (FG). The punishment sheet in the available record, indicates the applicant was administratively reduced to E-5 prior to receiving this Article 15, and that the reduction to E-4 and forfeiture of $912 for two months were suspended for 180 days.
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldier's Overall Record
DOB: 700515
Current ENL Date: 021209 Current ENL Term: 6 Years
Current ENL Service: 2 Yrs, 6Mos, 30Days
Total Service: 15 Yrs, 7Mos, 18Days
Previous Discharges: RA 881101-921013/HD
RA 921014-951013/HD
USAR 961104-970313/NA
ARNG 970314-981025/HD
RA 981026-001207/HD
RA 001208-021208/HD
Highest Grade: E-6
Performance Ratings Available: Yes No
MOS: 14J20/Early Warning System Operator GT: 122 EDU: HS Grad Overseas: Germany, Korea, SWA Combat: SWA
Decorations/Awards: ARCOM, AAM-7, VUA, AGCM-3, NDSM-2, SWASM w/ 1BSS, GWOTSM, KDSM, NCOPDR, ASR, OSR-2, KLM
V. Post-Discharge Activity
Home of Record:
Current Address:
Post Service Accomplishments: Applicant states he scored 100 on the test for the Houston Police Department; however, he did not provide any evidentiary documentation.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The specific facts and circumstances leading to the applicant's discharge are not contained in the available records. The record contains a properly constituted DD form 214 (Certificate of Release or Discharge from Active Duty). His DD Form 214 indicates that he was discharged under the provisions of Chapter 14, AR 635-200, paragraph 12b by reason of misconduct, with a characterization of service of general, under honorable conditions. Furthermore, the DD Form 214 shows a Separation Code of JKA (i.e., pattern of misconduct).
The available record contains a memorandum of reprimand, dated 17 March 2005.
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 independent evidence he submitted, the analyst determined that the applicant's available record of service during the period of enlistment under review is void of the specific facts and circumstances concerning the events that led to his discharge from the Army. However, the applicant's record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature. This document identifies the reason and characterization of the discharge and the analyst presumed Government regularity in the discharge process. That DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 12b by reason of misconduct, with a characterization of service of general, under honorable conditions. Barring evidence to the contrary, the analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. 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:
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 No change - Character
Change No change - Reason
(Board member names available upon request)
IX. Board Discussion, Determination, and Recommendation
Case report reviewed and verified by: Esmeralda Proctor, Examiner
X. Board Action Directed
No Change
Issue a new DD Form 214
Change Characterization to:
Change Reason to:
Other:
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:
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20060016206
Applicant Name: Mr.
______________________________________________________________________
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