Application Receipt Date: 060801	

Prior Review    Prior Review Date: None

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

Issues: See 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: 911016
Discharge Received:     Date: 911024   
Chapter: 14    AR: 635-200
Reason: Misconduct-Pattern of Misconduct
RE:     SPD: JKM
Unit/Location: HQ & HQ Company, 62nd Engineer Combat Battalion (Hvy), 13th COSCOM, Fort Hood, TX  76544-5067 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 910314, Operate a passenger car while drunk (910311), (Field Grade)

The suspension of the punishment of reduction to the grade of E3 imposed on (910311) was vacated, effective (910604) based on the applicant's offense of operating a vehicle while drunk, thereby causing damage to a parked and unattended vehicle (910525), (continuation sheet-NIF)

910314, General Officer Letter of Reprimand-for driving an automobile while intoxicated (Administrative).  

Court-Martials (Charges/Dates/Punishment): 910712, Special Court-Martial-for failing to obey a lawful order issued by a LTG, Commander, III Corps, Fort Hood, TX (910525).  He was sentenced to hard labor without confinement for two months, forfeiture of $500.00 pay per month for two months, and reduction to the grade of E-1.  

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  661027  
Current ENL Date: Reenl/900703    Current ENL Term: 2 Years  ?????
Current ENL Service: 1 Yrs, 3 Mos, 22 Days ?????
Total Service:  4 Yrs, 8 Mos, 8 Days ?????
Previous Discharges: RA-870217-900702/HD
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 75B10 Personnel Administration   GT: 101   EDU: HS Grad   Overseas: Germany (870704-890629-prior service)   Combat: None
Decorations/Awards: AAM (2), GCMDL, NDSM, ASR, OSR, C/Ach (1)
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: See DD Form 293.

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 17 October 1991, 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 (your involvement with and inability to control your consumption of intoxicating beverages displays characteristics incompatible with today's Army.  This conduct and irresponsibility prove you to be a liability to your unit and the United States Military.  You received a conviction by a military courts-martial for failure to obey a lawful order and been barred from reenlistment), 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 18 October 1991, 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 Bar to Reenlistment, which was approved on (910905) and a Military Police Desk Blotter dated (910309) in his OMPF.   

      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.  In view of the foregoing, the analyst determined that the reason for discharge and the characterization of service were 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: N/A

Witnesses/Observers: N/A 

Exhibits Submitted: N/A




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 0   - 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 now inequitable.  The Board determined that the length and quality of the applicant's service and the time that has elapsed since his discharge 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.  However, 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: Mr. Ron Williams, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: N/A
Other: N/A
RE Code:  
Grade Restoration:   No   Yes  Grade: N/A

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 AR20060011507

Applicant Name:  Mr.        
______________________________________________________________________


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