Application Receipt Date: 061129	

Prior Review    Prior Review Date: None

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

Issues: See enclosed 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: NIF
Discharge Received:     Date: 050211   
Chapter: 14-12b    AR: 635-200
Reason: Misconduct
RE:     SPD: JKA
Unit/Location: HQs and A Co, 307th FSB, DSC, 82nd ABN Div, Fort Bragg NC 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 040414, absent from place of duty, reduction to E-2, suspended, to be automatically remitted if vacated before 15 June 04, forfeiture of $349 suspended, 14 days extra duty and 14 days restriction.

041110, failure to obey lawful feneral regulation, reduction to E-1,forfeiture of $597 x2, suspended, 45 days extra duty and 45 days restriction.

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

Counseling Records Available: Yes    No 

IV.  Soldier's Overall Record
DOB:  830311  
Current ENL Date: 021115    Current ENL Term: 4 Years  00
Current ENL Service: 01 Yrs, 10Mos, 22Days      
Total Service:  01 Yrs, 10Mos, 22Days 
Previous Discharges: None
Highest Grade: E-3
Performance Ratings Available: Yes    No 
MOS: 42L1P, Administrative Spec   GT: 93   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: ASR,NDSM, GWTSM
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: Applicant states he has completed his probation, completed army substance abuse program and had his drivers license reinstated.  Supporting documentation is enclosed. 

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of patterns of misconduct (leaving place of duty and driving with a suspended license and prior overindulgence), with a general under honorable conditions discharge.  He was advised of his rights.  Evidence of records shows applicant's acknowledgement of his right to consult with legal counsel and submit a statement in his own behalf; however the applicant's file does not show final disposition of these actions by the applicant.  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 12 January 2005,  the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions discharge.

      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.  Futher, eligibility for veteran's benefits (to include educational benefits uner the Montgomery GI Bill) does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.   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: Records Review			Date: 11 December 2007              
Location: Washington DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: Yes

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: Gloria Blake, 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 AR20060016552

Applicant Name:  Mr.        
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