Application Receipt Date: 060621	

Prior Review    Prior Review Date: None

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

Issues:   The applicant states, in effect, that he is requesting an upgrade of my discharge for the purpose of reenlisting into the military to actively serve my country and to provide a more positive lifestyle for my family.  My discharge was based on one isolated incident in almost 48 months of service with no other adverse actions.  The situation revolved around the death of a dear friend by a drunk driver.  At the age of 21 I was not capable of handling his death and made poor choices that affected my attitude and conduct which was not befitting of an enlisted personnel.  I tried to discuss the issue with my platoon leader and asked for a change of base but was denied.  I felt that I was not getting any help so I asked him to sign my discharge papers.  Which he quickly did.  I was under the impression that my discharge was going to be under review within 6 months and changed to honorable discharge with a RE code of 1A.  I have only recently found out by trying to reenlist that my discharge was not reviewed and/or changed.  At the time of my discharge and service in the Army I was 21 and very immature.  I am now 30 years old and have a wife and son (7yr old) that I would like to make a positive life and set a good example for.  I feel that I will be able to accomplish that for them by serving in the armed forces again.  The Recruiter said that I have to have my RE code changed in order to reenlist.    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: 961119
Discharge Received:     Date: 970106   
Chapter: 14    AR: 635-200
Reason: Misconduct
RE:     SPD: JKA
Unit/Location: HQ & HQ Company, 1st Battalion, 9th Cavalry Regiment, 1st Cavalry Division, Fort Hood, TX  76545 

Time Lost: AWOL, for a total of 8 days from (960723-960730).  

Article 15s (Charges/Dates/Punishment): 960610, Failed to go to his appointed place of duty x 3, (960425), (960520), 960521), and failed to obey a lawful order issued by a SGT (960425), (Company Grade) 

2nd Article 15, 960923, AWOL, (960723-960731), (Company Grade)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  751216  
Current ENL Date: 950920    Current ENL Term: 2 Years  16 Weeks
Current ENL Service: 1 Yrs, 3 Mos, 9 Days ?????
Total Service:  1 Yrs, 3 Mos, 9 Days ?????
Previous Discharges: None
Highest Grade: E2
Performance Ratings Available: Yes    No 
MOS: 11C10 Indirect Fire Infantryman   GT: 100   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR
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 6 November 1996, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—pattern of misconduct (you have displayed a pattern of misconduct ranging from failure to obey orders, to failure to repair and AWOL), 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 3 December 1996, 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, 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.  Furthermore, the analyst determined that the applicant had many legitimate avenues through which to obtain assistance or relief, without committing the misconduct, which led to the separation action under review.  Therefore, the analyst determined that 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: 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: 

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

Official: 


MARY E. SHAW				DATE: 25 May 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060008927

Applicant Name:  Mr.        
______________________________________________________________________


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