Application Receipt Date: 060526	

Prior Review    Prior Review Date: None

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

Issues: See applicant's attached 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: 910624
Discharge Received:     Date: 910913   
Chapter: 14    AR: 635-200
Reason: Misconduct-Commission of a Serious Offense
RE:     SPD: JKQ
Unit/Location: B Battery, 2d Battalion, 1st Air Defense Artillery, Fort Bliss, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 900228/Driving while drunk on or about (900210)/(Field Grade)

The suspension of the punishment of reduction to PV1, however, the portion that is in excess of reduction to PV2, suspended, forfeiture of $300.00 pay per month for two months, suspended, imposed on (900228) was vacated, effective (900514) based on the applicant's offense in violation of Article 92, driving while privleges were revoked.

The applicant has an approved Bar to Reenlistment in his file dated (910509) for DWI and driving while privileges were revoked..

Administrative Letter of Reprimand dated (900301) for being apprehended by the MP's for drunk driving on post.

Administrative Letter of Reprimand dated (910617) for assaulting his wife by striking her in the forehead with an open hand and grabbing her by the throat and again assaulted her on (910491) by striking her in the stomach and grabbing her by the throat.

Administrative Letter of Reprimand dated (910704) for assaulting his wife by grabbing her around the neck with his arm, hitting her hand, putting his hand around her face, and wrongfully communicating a threat to cause her further bodily injury.

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  660921  
Current ENL Date: 890302    Current ENL Term: 03 Years  ?????
Current ENL Service: 02 Yrs, 06Mos, 12Days ?????
Total Service:  05 Yrs, 11Mos, 24Days ?????
Previous Discharges: RA-850920-890301/HD
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 16D10 (Hawk MSL Crewmember)   GT: 113   EDU: HS Grad   Overseas: Germany, Saudi Arabia   Combat: Southwest Asia (901020-910412)
Decorations/Awards: ASR, NDSM, SWASM (w/3 bronze service stars), OSR, AGCM, KLM
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 24 June 1991, 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 (arrested on occassions for alcohol related incidents which he received an Article 15 and for aggravated domestic assaults of which he received a letter of reprimand for and was pending a second letter of reprimand), 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 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 19 July 1991, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions.
      
      The applicant has a Military Police Report dtd (900210), (910407) and (910430), and a Alcoholic Influence Report dtd (900210), 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 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.  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: 20 June 2007              
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 1    No change 4   - 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 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: 

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

Official: 


MARY E. SHAW				DATE: 28 June 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060007474

Applicant Name:  Mr.        
______________________________________________________________________


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