Application Receipt Date: 051230

Prior Review    Prior Review Date: None

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

Issues: See DD Form 293

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: 020710
Chapter: 14    AR: 635-200
Reason: Misconduct
RE:     SPD: JKB
Unit/Location:

Time Lost: The applicant was confined by the civilian authorities for a
total of 362 days, from (001117-011114).  The applicant's charge(s) as
related to his civilian confinement, are not part of the available records.

Article 15s (Charges/Dates/Punishment):

000921, Memorandum of Reprimand-for driving while under the inflence of
alcohol (Administrative)

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

Counseling Records Available: Yes    No

IV.  Soldier’s Overall Record
DOB:  740520
Current ENL Date: 961209    Current ENL Term: 6 Years       
Current ENL Service: 4 Yrs, 7 Mos, 4 Days      
Total Service:  10 Yrs, 0 Mos, 17 Days      
Previous Discharges: USAR-910621-920608/NA
                                       ADT-920609-921016/HD
                                       USAR-921017-940104/NA
                                       RA-940105-961208/HD
Highest Grade: E5
Performance Ratings Available: Yes    No
MOS: 11M20 Fighting Vehicle Infantryman   GT: 108   EDU: HS Grad
Overseas: Korea (980109-990108)   Combat: None
Decorations/Awards: ARCOM, AAM (2), GCMDL, NDSM, ASR, OSR
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:
      The applicant’s record is void of the specific facts and circumstances
concerning the events that led to his discharge from the Army.  However,
the record does contain a properly constituted DD Form 214 (Certificate of
Release or Discharge from Active Duty), which the applicant was not
available to sign.  His DD Form 214 indicates that he was discharged under
the provisions of Chapter 14, Section II, AR 635-200, by reason of
misconduct-civil conviction, with a characterization of service of general,
under honorable conditions and a reeentry eligibility (RE) code of 3.
Furthermore, the DD Form 214 shows a Separation Code of JKB (i.e.,
misconduct-civil conviction.)  On 8 July 2002, Orders 189-0204, DA, HQ, III
Corps, Fort Hood, Texas, discharged the applicant from the regular Army,
effective date: 10 July 2002.

























      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 available 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
record 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 the applicant was not
available to sign.  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, Section II, AR
635-200, by reason of misconduct-civil conviction, 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.  Furthermore, eligibility for veteran's
benefits to include educational benefits under the Montgomery GI Bill does
not fall within the purview of this Board.  Accordingly, the applicant
should contact a local office of the Department of Veterans Affairs for
further assistance.  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: 8 November 2006
Location: Washington, DC

Did the Applicant Testify?  Yes     No

Counsel: N/A

Witnesses/Observers: N/A

Exhibits Submitted: N/A



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
After carefully examining the applicant’s record of service during the
period of enlistment under review and considering the analyst’s
recommendation and rationale, the Board determined that the discharge was
both proper and equitable, voted to deny relief.
























Case report reviewed and verified by: Mr. Ron Williams, Examiner

X.  Board Action Directed
No Change
Issue a new DD Form 214
Change Characterization to:
Change Reason to: None
Other: None
RE Code:
Grade Restoration:   No   Yes  Grade: None

XI.  Certification Signature and Date
Approval Authority:

ROBERT L. HOUSE
Colonel, U.S. Army
President, Army Discharge Review Board

Official:


MARY E. SHAW                      DATE: 13 November 2006
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder