Application Receipt Date: 060811	

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: 000724
Discharge Received:     Date: 000804   
Chapter: 14    AR: 635-200
Reason: Misconduct
RE:     SPD: JKA
Unit/Location: A Battery, 2nd Bn, 43rd ADA, 108th ADA Bde, Fort Bliss, TX 79916 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 000720-Physically control a vehicle, a passenger car, while the alcohol concentration on his breath was .112 grams of alcohol per 210 liters of breath, (000704), (Field Grade). 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  760412  
Current ENL Date: 000218    Current ENL Term: 2 Years  ?????
Current ENL Service: 00  Yrs, 05 Mos, 17 Days ?????
Total Service:  05  Yrs, 00 Mos, 17 Days item 12c on DD Form 214, net active service this period is incorrect, should read 05 Yrs, 00Mos, 17 Days, does not include applicant's prior active and inactive service. 
Previous Discharges: USAR-940926-950104/NA
                                      ADT-950105-950428/HD
                                      USAR-950429-960220/NA
                                      RA-960221-000217/HD
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 31U10 Signal Support System Spec   GT: 98   EDU: HS Transcript   Overseas:   SouthWest Asia   Combat: Saudia Arabia (961001-970315) and (981031-990315)
Decorations/Awards: AGCM, NDSM, AFEM, ASR
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: The applicant states since his discharge from the Army, he has been employed by Verizon Business for six years.

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 24 July 2000, 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 (while deployed to SouthWest Asia in January 1999, he was caught drinking alcohol which is prohibited, on 9 April 1999, disrespectful to an NCO, negligent in the performance of his duties, disobeyed an NCO, and received a DUI on 19 October 1999 and 4 July 2000), 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 31 July 2000, 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, the issues and documents he submitted.  There was a full consideration of all faithful and honorable service as well as the infractions of discipline, the extent thereof, and the seriousness of the offenses.  While the analyst does not condone the applicant’s misconduct, the evidence of record shows that the approving authority considered nonjudicial punishment from a prior period of honorable service in characterizing the applicant’s discharge.  Consideration of such evidence is improper unless the applicant is granted a fully honorable characterization of service.  In view of the foregoing, the analyst found that the characterization of service is improper.  The analyst recommends that the applicant's characterization of service be upgraded to fully honorable.  However, the analyst determined that the reason for discharge 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 5    No change 0   - Character
		 			      Change 0    No change 5   - Reason
					      (Board member names available upon request)

IX.  Board Discussion, Determination, and Recommendation
The Board carefully examined the applicant’s record of service during the period of enlistment under review.  There was a full consideration of all faithful and honorable service as well as the infractions of discipline, the extent thereof, and the seriousness of the offenses.  While the Board does not condone the applicant’s misconduct, the evidence of record shows that the approving authority considered nonjudicial punishment from a prior period of honorable service in characterizing the applicant’s discharge.  Consideration of such evidence is improper unless the applicant is granted a fully honorable characterization of service.  In view of the foregoing, the Board determined that the characterization of service is improper.  Accordingly, the Board voted to grant relief in the form of an upgrade of characterization of service to honorable.  

Furthermore, the Board found that the reenlistment eligibility (RE) code was incorrect, and should be administratively changed to (RE) "3."  Regulation currently in effect list the Separation Code as "JKA" with an (RE) code of "3."  








 

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: 1 August 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060011435

Applicant Name:  Mr.        
______________________________________________________________________


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