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Decision Text

ARMY | DRB | CY2006 | AR20060002393
Original file (AR20060002393.txt) Auto-classification: Denied
Application Receipt Date: 060214	

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: 040204
Discharge Received:     Date: 040225   
Chapter: 2    AR: 600-8-24
Reason: Failure to Completed Course of Instruction
RE:     SPD: JHF
Unit/Location: Fort Bliss, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 040115/Wrongful use of cocaine/Flag Officer

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  810719  
Current ENL Date: 030603    Current ENL Term: 04 Years  ?????
Current ENL Service: 00 Yrs, 08Mos, 23Days ?????
Total Service:  00 Yrs, 08Mos, 23Days ?????
Previous Discharges: USAR-000405-030602/NA
Highest Grade: 2LT
Performance Ratings Available: Yes    No 
MOS: 14A(ADA General)   GT: NA   EDU: NIF   Overseas: None   Combat: None
Decorations/Awards: ASR
V.  Post-Discharge Activity
Home of Record: 
Current Address: [redacted]

Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 29 January 2004, the commander Headquarters, US Army Air Defense Artillery Center and Fort Bliss, Fort Bliss, TX notified the applicant of initiation of separation action under the provisions of Army Regulation 600-8-24, Chapter 2, paragraph 37a, by reason of failure to complete course of instruction, with a general, under honorable conditions discharge, and advised him of his rights.  On 5 Feburary 2004, the applicant acknowledged notification of his involutary release from active duty and discharge from the USAR Commission, and waived consideration of his case by school facility board.  The applicant elected not to submit rebuttal matters prior to the Commanding General making his final determination and elected not to submit rebuttall matters.  The applicant's chain of command recommended approval for involuntary release from active duty and discharge from USAR Commission with a general, under honorable conditions discharge.  On 6 Feburary 2004, the commander of Headquarters, US Army Air Defense Artillery Center and Fort Bliss, Fort Bliss, TX directed that the applicant be discharged with a charaterization of service of general, under honorable conditions.  
      
      
      
      
      
      
      
      
      
      
      

      b.  Legal Basis for Separation:  
      Army Regulation 600-8-24 sets for the basic authority for Officer transfers and discharges.  Chapter 2, paragraph 37a, outlines the policy and procedure for eliminating officer from active duty and discharge from there USAR commission.

      c.  Response to Issues, Recommendation and Rationale:  
      After a careful review of all the applicant’s military records for the period under review, the documents and the issue submitted, the evidence was not sufficiently mitigating to warrant an upgrade of the discharge under review.  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 reason for discharge and the characterization of service were both proper and equitable and recommends the Board vote to deny relief in this case. 

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 060911              
Location: Washington, DC

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
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 and voted not to change it.





















Case report reviewed and verified by: Eric S. Moore, 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: 

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

Official: 


ESMERALDA G. PROCTOR		DATE: 060915
Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060002393

Applicant Name:  Mr.        
______________________________________________________________________


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