Application Receipt Date: 060725
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: 040706
Discharge Received: Date: 040720
Chapter: 14 AR: 635-200
Reason: Misconduct
RE: SPD: JKA
Unit/Location: B Company, 304th Signal Battalion, APO AP 96297
Time Lost: None
Article 15s (Charges/Dates/Punishment): 031212/Disorderly on or about (031102)/(Company Grade)
Second Article 15: 040706/Disrespectful to his superior commissioned officer (CPT) on or about (040622). Article 15 made reference to a continuation page, however, no continuation page was found in the available record/(Field Grade)
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
DOB: 770508
Current ENL Date: 021024 Current ENL Term: 06 Years ?????
Current ENL Service: 01 Yrs, 08Mos, 27Days ?????
Total Service: 04 Yrs, 06Mos, 03Days ?????
Previous Discharges: RA-000118-021023/HD
Highest Grade: E5
Performance Ratings Available: Yes No
MOS: 31L1P (Wire System Installer) GT: 115 EDU: HS Grad Overseas: Korea Combat: None
Decorations/Awards: AAM (2d Award), AGCM, NDSM, KDSM, NCOPDR, ASR, GWOTSM, OSR, Parachutist Badge
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 July 2004, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconductpatterns of misconduct (was disorderly on or about 2 November 2003, drunk, disorderly and strike another Soldier on 30 May 2004, behaved with disrespect towards an officer and was disrespectful in language towards an superior noncommissioned officer on or about 22 June 2004), with a general, under honorable conditions discharge. He was advised of his rights. The applicant waived 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 9 July 2004, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions.
The applicant has a Military Police Report dated 31 May 2004, in his Official Military Personnel File.
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 applicants military records, and the issue he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The applicants 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 applicants 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: 18 July 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 1 No change 4 - Character
Change 0 No change 5 - Reason
(Board member names available upon request)
IX. Board Discussion, Determination, and Recommendation
After carefully examining the applicants record of service during the period of enlistment under review and considering the analysts recommendation and rationale, the Board determined that the discharge was both proper and equitable, and voted to deny relief.
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 July 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20060010373
Applicant Name: Mr.
______________________________________________________________________
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