Application Receipt Date: 060616	

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: 040309
Discharge Received:     Date: 040722   
Chapter: 14    AR: 635-200
Reason: Misconduct
RE:     SPD: JKQ
Unit/Location: 22d Mobile Public Affairs Detchment, XVIII Airborne Corps And Fort Bragg, Fort Bragg, NC 

Time Lost: Absent without leave 6 days 040107-040112.

Article 15s (Charges/Dates/Punishment): 030612/Wrongfully purchasing and consuming an alcoholic beverage within the country of Iraq on or between 030604 and 030605/(Field Grade)

2d Article 15/040205/Absent without leave 040107 to 040113, disobeying a lawful order from a superior commissioned officer (MAJ) on 040105, and disobeying a lawful order from a senior noncommissioned officer (MSG) on 040105 and 040106/(Field Grade)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  811107  
Current ENL Date: 010213    Current ENL Term: 04 Years  ?????
Current ENL Service: 03 Yrs, 05Mos, 04Days ?????
Total Service:  03 Yrs, 05Mos, 04Days ?????
Previous Discharges: None
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 42L10 (Administrative Specialist)   GT: 101   EDU: HS Grad   Overseas: Southwest Asia   Combat: Kuwait (020930-030318)
Decorations/Awards: ARCOM (2d Award), AAM, NDSM, AFEM, GWOTEM, GWOTSM, ASR, Parachutist Badge, Certificate of Achievement (1).
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: Applicant states he has attended college for 1 year and has been a manager for a company since his discharge.

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 9 March 2004, 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 (absent without leave 7 to 13 January 2004, disobeying superior commission officer and noncommissioned officer on 5 January 2004, failure to report for accountability formation on 1 October 2003, failure to report for work call on 2 October 2003, and violation of a general order in Iraq between 4 and 5 June 2003), 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, requested consideration of his case by an Administrative Separation Board, and submitted a statement in his own behalf.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  The intermediate and senior intermediate commander's reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge.  On 14 April 2004, the applicant was notified to appear before an Administrative Separation Board and advised of his rights.  On 14 May 2004, the Board met; applicant appeared with counsel.  The Board recommended that the applicant be discharged with a characterization of general, under honorable conditions.  The separation authority 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, 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.  Furthermore, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  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: 23 May 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     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: 

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

Official: 


MARY E. SHAW				DATE: 31 May 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060008871

Applicant Name:  Mr.        
______________________________________________________________________


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