Application Receipt Date: 060720	

Prior Review    Prior Review Date: None

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

Issues: The applicant states, in effect, that he wants an honorable discharge so that he can go to college and attain a degree in law enforcement.  He know that he can't change the past, but his desire is that he can change his future.  

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: 041026
Discharge Received:     Date: 041124   
Chapter: 14    AR: 635-200
Reason: Misconduct
RE:     SPD: JKA
Unit/Location: 53rd Transportation Battalion, Fort McPherson, GA  30330 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 020624; on previous occasions, failed to go to his appointed place of duty, (020610), (Company Grade)  

041018; failed to obey a lawful order issued by a CPT, (040928); disobeyed a lawful order from a SSG (040924) and failed to go to his appointed place of duty (040924); (Company Grade)

Undated; Memorandum of reprimand-for disobeying direct orders (Administrative)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  820909  
Current ENL Date: 010709    Current ENL Term: 4 Years  ?????
Current ENL Service: 3 Yrs, 4 Mos, 16 Days ?????
Total Service:  3 Yrs, 4 Mos, 16 Days ?????
Previous Discharges: None
Highest Grade: E3
Performance Ratings Available: Yes    No 
MOS: 88N10 Traffic Management Coordinator    GT: 104   EDU: HS Grad   Overseas: Southwest Asia   Combat: Kuwait (021210-030810) and (040113-040526)
Decorations/Awards: ARCOM, AAM, GCMDL, GWOTEM, GWOTSM, 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 26 October 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—pattern of misconduct, 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 5 November 2004, 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, 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: 27 September 2006              
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 inequitable.  The Board does not condone the applicant’s misconduct; however, determined that the medical circumstances surrounding the discharge and the length and quality of the applicant’s service, to include his combat service, mitigated the discrediting entry in his service record.  Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to fully honorable and a change to the narrative reason for separation to Secretarial Authority.  This action does not entail a change to the reentry eligibility (RE) code.     


















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: Secretarial Authority under Chapter 5, AR 635-200
Other: None
RE Code:  
Grade Restoration:   No   Yes  Grade: None

XI.  Certification Signature and Date
Approval Authority: 

ROBERT L. HOUSE
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


ESMERALDA G. PROCTOR		DATE: 29 September 2006
Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060010206

Applicant Name:  Mr.        
______________________________________________________________________


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