Application Receipt Date: 070111	

Prior Review    Prior Review Date: None

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

Issues: See applicant's attached DD Form 293 and supporting documents.

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: 030722
Discharge Received:     Date: 030807   
Chapter: 14    AR: 635-200
Reason: Misconduct
RE:     SPD: JKQ
Unit/Location: Headquarters and Headquarters Company, United States Army Garrison, Fort Irwin, CA 92310 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 030320/Disobeying a lawful command from a (LTC) not to operate a motor vehicle with his driving privileges suspended on or about (030201)/(Field Grade)

021127/Memorandum of Reprimand-for driving under the influence on (021007)/ (Administrative)

030310/Memorandum of Reprimand-for driving under the influence on (030131)/ (Administrative)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:   
Current ENL Date: 010904    Current ENL Term: 04 Years  ?????
Current ENL Service: 01 Yrs, 11Mos, 04Days ?????
Total Service:  17 Yrs, 06Mos, 20Days ?????
Previous Discharges: RA-920723-950223/HD
                                      RA-950224-970519/HD
                                      RA-970520-010903/HD
Highest Grade: E6
Performance Ratings Available: Yes    No 
MOS: 92Y2H (Supply Sergeant)   GT: 97   EDU: 13 Years   Overseas: Korea, Germany, Southwest Asia   Combat: Kuwait (910715-911125)
Decorations/Awards: ARCOM (4th Award), AAM (8th Award), AGCM (2d Award), NDSM (2d Award), SWASM, NCOPDR, ASR, OSR (2d Award), KLM (SA), KLM (KU) Air Assault Badge
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: Applicant states he is currently enrolled as a full time student at American Inter Continental University, majoring in Criminal Justice and maintaining a 3.72 GPA, and that in April of 2006 he was reinstated as a member of the Georgia Army National Guard.

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 22 July 2003, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—commission of a serious offense (apprehended by military police for driving under the influence of alcohol on two occasions; 7 October 2002 with a blood alcohol content of .15% and on 31 January 2003 with a blood alcohol content of .20%), with a under other than honorable conditions discharge.  He was advised of his rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an administrative separation board contingent upon him receiving a characterization of service no less favorable than a general, under honorable conditions discharge and did  submit a statement in his own behalf, which was not found in the available record.  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 24 July 2003, the separation authority directed that the applicant be discharged with a characterization of service of general, under honorable conditions.
      
      The applicant has a Military Police Report dated 31 January 2003, in his Official Military Personnel File.

      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, documents, 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.  Furthermore, the analyst found no evidence of arbitrary or capricious actions by the command.  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 reason for discharge and the characterization of service remains both proper and equitable.

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 10 September 2007              
Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: Yes [redacted] 

Witnesses/Observers: yes Wife 

Exhibits Submitted: The applicant submitted 10 additional documents, in support of his testimony.

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 5    No change 0   - 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, hearing his testimony, and considering the analyst’s recommendation and rationale, the Board determined that the characterization of service was too harsh, and as result it is now inequitable.  The Board found that the overall length and quality of the applicant's service, the circumstances surrounding the discharge, and his post service accomplishments mitigated the discrediting entries in his service record.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable.  However, the Board determined that the reason for discharge was both proper and equitable and voted not to change it.  

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: NA

XI.  Certification Signature and Date
Approval Authority: 

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

Official: 


CHRISTINE U. MARTINSON			DATE: 20 September 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE