Application Receipt Date: 060728	

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: 060427
Discharge Received:     Date: 060512   
Chapter: 14    AR: 635-200
Reason: Pattern of Misconduct
RE:     SPD: JKA
Unit/Location: 7-10th Brigade Support Battalion, 3d Brigade Combat Team (Rear) (Provisional), 10th Mountain Division (Light Infantry), Fort Drum, NY 13602 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 050302/Failure to go at the time prescribed to his appointed place of duty x 2 on or about (050112) and breaking restriction on or about (050112)/Field Grade

050307/Suspension of punishment imposed on (050302) "reduction to private (E-2)" was vacated, due to applicant violating a lawful general order, by wrongfully providing alcohol to someone under 21 years of age on (050306).

2nd Article 15: 060404/Violating a written general order by using and possessing an explosive devise (firecracker) on or about (060312) and with the intent to deceive, signed an official statement which was known to be false on or about (060312)/(Field Grade)

060425/Suspension of punishment imposed on (060404) "reduction to private (E-2) and forfeiture of $713.00 pay per month for one month" was vacated, due to applicant breaking restriction on (060414).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  831229  
Current ENL Date: 020703    Current ENL Term: 04 Years  ?????
Current ENL Service: 03 Yrs, 10Mos, 10Days ?????
Total Service:  03 Yrs, 10Mos, 10Days ?????
Previous Discharges: None
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 92F10 (Petroleum Supply Specialist)   GT: 107   EDU: HS Grad   Overseas: Afghanistan   Combat: Afghanistan (030807-040430)
Decorations/Awards: NDSM, GWOTEM, GWOTSM, 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 27 April 2006, 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 (receiving a field grade Article 15 on 2 March 2005 for failing to report to his appointed place of duty on two diverse occasions and breaking restriction; having suspended punishment vacated on 7 March 2005 as a result of providing alcohol to a minor; receiving a field grade Article 15 on 4 April 2006 for violating a lawful general order and making a false official statement; and having his suspended punishment vacated on 25 April 2006, as a result of breaking restriction on 14 April 2006), 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 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.  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: 25 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 4    No change 1   - 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 determined that the applicant's overall length and quality of service, to include his combat service, 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.  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: 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: 1 August 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060010474

Applicant Name:  Mr.        
______________________________________________________________________


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