Application Receipt Date: 070612	

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: 920210
Discharge Received:     Date: 920608   
Chapter: 14    AR: 635-200
Reason: Misconduct-Commission of a Serious Offense
RE:     SPD: JKQ
Unit/Location: C Battery, 1st Battalion, 11th Field Artillery, Fort Lewis, WA  98433 

Time Lost: None

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

Court-Martials (Charges/Dates/Punishment): Summary Court-Martial/911218/Failure to go to his appointed place of duty, failure to secure his M16A2, made and utter two checks in the amount of $92.00 and $150.00 and dishonorably failed to maintain sufficient funds.  He was sentence to reduction to E1, forfeiture of on-half of one months pay, hard labor without confinement for 30 days, and confinement for 2 days.

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  
Current ENL Date: 900808    Current ENL Term: 04 Years  ?????
Current ENL Service: 01 Yrs, 10Mos, 01Days ?????
Total Service:  01 Yrs, 10Mos, 01Days ?????
Previous Discharges: None
Highest Grade: E2
Performance Ratings Available: Yes    No 
MOS: 13B10 (Cannon Crewmember)   GT: 117   EDU: 13 Yrs   Overseas: Germany   Combat: None
Decorations/Awards: ASR, NDSM, AAM
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 10 February 1992, 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 (discreditable behavior which resulted in conviction by summary court-martial for violation of Article 92, and act of miscondut which rendered him unfit for further military duty), with an 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, waived consideration of his case by an administrative separation board contingent on his service being characterized no less favorably than honorable/general, under honorable conditions, and submit a statement in his own behalf which was not found in the availabe 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 an under other than honorable conditions discharge.  On 11 March 1992, the senior intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge and requested an administrative separation board be convened.  On 6 May 1992, the applicant submitted a unconditional waiver, voluntarily and unconditionally waiving consideration of his case by an administrative separation board.  On 18 May 1992, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than honorale 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, document, 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 or general, under honorable conditions 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 record does not support the applicant’s contention that he suffers from Post Traumatic Stress Disorder, Depression, or Attention Deficit Disorder, and no evidence to support it has been submitted by the applicant, that his discharge was the result of any medical condition.  In view of the foregoing, the analyst determined that the reason for discharge and the characterization of service was both proper and equitable.

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 14 November 2007              
Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: ?????

Witnesses/Observers: ????? 

Exhibits Submitted: ?????

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: , 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: 16 November 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE