Application Receipt Date: 2006/11/29	

Prior Review    Prior Review Date: None

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

Issues: The applicant states that he served his first term of duty and was on his second term when he was separated.  He received a second article 15, for not being in  his place of duty,  and for driving with a suspended license.  He was later discharged for pattern of misconduct.  He states that he made a mistake but other than that he was a good soldier and about to make the Army his career.  He thinks he was not given a fair shot,  everyone makes mistakes, its what you do after that makes the difference,  he just wanted to stay in and serve his country

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: 050215
Discharge Received:     Date: 060313   
Chapter: 14-12b    AR: 635-200
Reason: Pattern of Misconduct
RE:     SPD: JKA
Unit/Location: HHT, 3-4 Armor Battalion, Schofield Barracks, HI 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 051205, operating a vehicle with a suspended license (051113), 14 days extra duty and restriction (CG)

051020, failure to report x 3 (051003, 051004, 051005), reduction to E-3, forfeiture $438.00, 14 days extra duty and restriction (CG)

051201, suspension of punishment of reduction to E-3 was vacated for operationg a vehicle with a suspended license (051113)

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

Counseling Records Available: Yes    No 

IV.  Soldier's Overall Record
DOB:  780901  
Current ENL Date: 050310    Current ENL Term: 2 Years       
Current ENL Service: 01 Yrs, 03Mos, 04Days      
Total Service:  04 Yrs, 11Mos, 22Days      
Previous Discharges:  RA 010322-050309/HD
                                       RA 980224-980410/UNC
Highest Grade: E-4
Performance Ratings Available: Yes    No 
MOS: 56M10/Chaplain's Assistant   GT: 93   EDU: HS Grad   Overseas: Hawaii   Combat: None
Decorations/Awards: AAM, NDSM, GWOTSM, ASR
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 15 February 2005, 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 operating a vehicle with a suspended license (051005) and for failure to report three times (051003, 051004, 051005) 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, 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 conditions discharge.  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.  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:                    
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: Alejandro Champin, 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 AR20060016556

Applicant Name:   Mr.        
______________________________________________________________________


Page 1 of 4 pages