Application Receipt Date: 060706	

Prior Review    Prior Review Date: None

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

Issues: See DD Form 293 and attached documents.

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: NIF
Discharge Received:     Date: 050707   
Chapter: 7    AR: 612-205
Reason: Conduct
RE:     SPD: NA
Unit/Location: Company G, Third Regiment,  Class of 2006, Cadet Detachment, U.S. Military Academy, West Point, NY 10996 

Time Lost: None

Article 15s (Charges/Dates/Punishment): Article 10/041215-violate the Cadet Disciplinary Code:  Articles 6, 7 and 9, while on Thanksgiving leave in Cincinnati, Ohio, he drove a vehicle under the influence of alcohol with expired license, struck a parked car, and fled the scene of the accident.  He broke the window of a private residence , entered the residence without permission, was arrested and taken into custody by the police, (041127), (Commandant).  

Article 10/040405-violate the Cadet Disciplinary Code:  Article 1 and 7, violated his prescribed  limits while on restriction for academics, he tolerated the drinking of other underage cadets, and received a DWAI in Federal Court in (0312), for the evening of (031108), (Brigade).

Article 10/030527-violate the Cadet Disciplinary Code:  Article 1, failure to comply with regulations, orders, instructions, in that you consumed alcohol in the barracks while under the legal drinking age, (030517), (Regimental).

Court-Martials (Charges/Dates/Punishment): NIF

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  830906  
Current ENL Date: 020701    Current ENL Term: NIF Years  ?????
Current ENL Service: 03 Yrs, 00 Mos, 07Days ?????
Total Service:  03 Yrs, 00 Mos, 07 Days ?????
Previous Discharges: None
Highest Grade: NA
Performance Ratings Available: Yes    No 
MOS: None   GT: 132, not valid for enlistment purposes.   EDU: Some College   Overseas: None   Combat: None
Decorations/Awards: NDSM
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:
      The evidence shows that on 1 December 2004, the applicant voluntarily tendered his resignation from the United States Military Academy, which was not authenicated by the applicant's signature, in lieu of appearance before an Investigating Officer under the provisions of Chapter 7, AR 612-205, by reason of conduct, with a characterization of service of general, under honorable conditions.  On 8 March 2004, the Third Regiment Tactical Officer, recommended immediate separation of the applicant from the United States Military Academy. The applicant’s chain of command recommended that the he be separated from the Academy and discharged from the Army.  The Staff Judge Advocate and the Acting Commandant recommended that the applicant  be separated from the Academy and discharged from the Army.  On 7 July 2005, the Assistant Deputy Chief of Staff, G-1, approved the recommendation that the applicant be separated from the United States Military Academy, be discharged from the United States Army and issued a general, under honorable conditions characterization of service.
      The applicant has a Transmittal of Conduct Investigation (CI) Proceedings dated 22 February 2005 in the available records.  
      

      b.  Legal Basis for Separation:  
      Army Regulation 612-205 set forth the basic authority for appointment and separation of Service Academy Attendees.  Chapter 7 establishes policy and prescribes procedures for separating members for reasons other than physical disability.  A member separated under this chapter will be processed under provisions of table 3.  

      c.  Response to Issues, Recommendation and Rationale:  
      After a careful review of all the applicant’s available military records during the term of service under review, the issues and documents 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.  Further, recoupment of educational benefits does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should apply to the Army Board of Corrections of Military Records (ABCMR) for this action.  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: 7 May 2007              
Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: No

Witnesses/Observers: No 

Exhibits Submitted: The applicant submitted five additional documents in support of his personal appearance hearing.




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
carefully examining the applicant’s record of service during the period of enlistment under review, hearing his testimony, and considering the analyst’s recommendation and rationale, the Board determined that the discharge was both proper and equitable, 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: 10 May 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060009471

Applicant Name:  Mr.        
______________________________________________________________________


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