Application Receipt Date: 060703	

Prior Review    Prior Review Date: None

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

Issues: 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: 980429
Discharge Received:     Date: 980521   
Chapter: 14    AR: 635-200
Reason: Misconduct
RE:     SPD: JKN
Unit/Location: A Battery 5th Bn 52nd ADA 11TH Bde Fort Bliss, TX 79916-6816 

Time Lost:  None

Article 15s (Charges/Dates/Punishment): 971027-Assaulted a PFC, (971008), (Company Grade).

970923-Having received a lawful command from a 2LT, did willfully disobey the same, (979820), (Company Grade).

970521-Found drinking alcohol while on his guard post, (970220), (Company Grade).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  771007  
Current ENL Date: 950615    Current ENL Term: 3 Years  ?????
Current ENL Service: 02 Yrs, 11 Mos, 07 Days ?????
Total Service:  02 Yrs, 11 Mos, 07 Days ?????
Previous Discharges: None
Highest Grade: E3
Performance Ratings Available: Yes    No 
MOS: 63S10 Heavy Wheel Vehicle Mechanic   GT: 97   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 29 April 98, 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 (counseled for failing to report to his appointed place of duty, (4 March 1996), counseled for failing to make battery p.t. runs, (12 July 1996), counseled for failing to pass his record APFT, (24 July 1996), counseled for failing to pass his diagnostic APFT x 3, (25 September 1996), (17 June 1997) and  (21 August 1997), counseled for coming to formation without a unit patch on his uniform, (30 October 1996), (counseled for failing to be at his appointed place of duty at th prescribed time, (30 April 1997), (counseled for initial entry into the Army Weight Control Program, (17 May 1997), received a Company Grade Article 15 for drinking on his guard post, (21 May 1997), (counseled for failing to meet the Army Weight Control Program standards, (21 August 1997), received a Company Grade Article 15 for disobeying a lawful command from  2LT, (23 September 1997), counseled for failing his second APFT, (9 February 1997), received a Company Grade Article 15 for assault, (27 October 1997), and counseled for failing an Army APFT, (6 January 1998), with an honorable 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 an honorable discharge.  On 17 May 1998, 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 during the period of enlistment under review and the issue he submitted, the analyst recommends that the applicant’s characterization of service be upgraded to fully honorable.  This recommendation was made after full consideration of his faithful and honorable service, as well as his record of misconduct.  The evidence in this case supports a conclusion that the applicant’s characterization of service was too harsh, and as a result it is now inequitable.  While the applicant's misconduct is not condoned, the analyst found that the overall length of the applicant's service, the unit and intermediate commanders recommendation of an honorable characterization of service, and the time that has elasped since his discharge mitigated the discrediting entries in his service record.  However, the analyst determined that the reason for discharge was both proper and equitable. 
      
      
      
      
      
      
      
      
      
      
      
      
      
         

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 6 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 5    No change 0   - 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 characterization of service was too harsh, and as a result it is inequitable.  The Board does not condone the applicant's misconduct; however, determined that the overall length of the applicant’s service, and the circumstances surrounding the discharge, mitigated the discrediting entries in his service record.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable.  However, the Board determined that the reason for discharge was both proper and equitable, and voted not to change it.

















Case report reviewed and verified by: Mr. Kenneth McFarley, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: None
Other: NA
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: 21 June 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060009426

Applicant Name:  Mr.        
______________________________________________________________________


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