Application Receipt Date: 060518	

Prior Review    Prior Review Date: None

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

Issues: The applicant stated, " I was discharged for my first offense in regards to drinking.  I feel that this action was too harsh to be given a General under honorable conditions discharge.  At the time of my infraction, I was 19, and just fresh from home.  Since then I have had a chance to mature, and feel that I am not the same person that I was back then.  Furthermore, I would like to rejoin the Army and serve my country.  With my current discharge I cannot join back up.  I feel that I can make something of myself, an that my skills can be put to good use if I was given the oportunity to serve once again."

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: 020418
Discharge Received:     Date: 020516   
Chapter: 14    AR: 635-200
Reason: Misconduct
RE:     SPD: JKA
Unit/Location: Company D, 3d Battalion, 325th Airborne Infantry Regiment, 82nd Airborne Division, Fort Bragg, NC 28310 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 020321-violate a lawful general regulation by wrongfully drinking alcohol under the age of 21 on (020318); Field Grade.

2nd Article 15: 020305-violate a lawful general regulation by failing to appear at his scheduled court date on (011203); derelection of duty on (011031); Company Grade.

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  820727  
Current ENL Date: 000802    Current ENL Term: 4 Years  ?????
Current ENL Service: 1 Yrs, 9 Mos, 15 Days ?????
Total Service:  1 Yrs, 9 Mos, 15 Days ?????
Previous Discharges: None
Highest Grade: E-3
Performance Ratings Available: Yes    No 
MOS: 11B1P, Infantryman   GT: 121   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: None were submitted.

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 17 April 2002, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12B, AR 635-200, by reason of misconduct—pattern of misconduct, (your Field Grade Article 15, dated 21 March 2002, and your Company Grade Article 15, dated 5 March 2002), 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.  On 24 April 2002, 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, commission of a serious offense, convictions by civil authorities, desertion or absence without leave.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is 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, the discharge is improper.  The analyst noted that the unit commander used “Board Procedures” when notifying the applicant that he was initiating action to separate him under the provisions of Chapter 14, AR 635-200, by reason of misconduct.  By using “Board Procedures” the authority for approval of the applicant’s separation rested with the General Court-Martial Convening Authority.  The evidence of record shows that someone other than the General Court-Martial Convening Authority approved the applicant’s discharge.  In view of the foregoing, the discharge was improper.  Accordingly, full relief in the form of an upgrade of the characterization of service to fully honorable and a change to the narrative reason for separation to Secretarial Authority is recommended to the Board.  This action does not entail a change to the reentry eligibility (RE) code; however, the Board can consider it.
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 21 March 2007              
Location: Washington, D.C.

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 improper.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable and a change to the narrative reason for separation to Secretarial Authority.  This action does not entail a change to the reentry eligibility (RE) code.






















Case report reviewed and verified by: Mr. John Zangas, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: Secretarial Authority, Under Chapter 5, AR 635-200
Other: None
RE Code:  
Grade Restoration:   No   Yes  Grade: None

XI.  Certification Signature and Date
Approval Authority: 

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

Official: 


MARY E. SHAW				DATE: 23 March 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060007088

Applicant Name:          
______________________________________________________________________


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