Application Receipt Date: 060816
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: 050915
Discharge Received: Date: 050927
Chapter: 14 AR: 635-200
Reason: Pattern of Misconduct
RE: SPD: JKA
Unit/Location: Headquarters and Headquarters Troop, 1st Battalion, 33rd Cavalry Regiment, Fort Campbell, KY
Time Lost: None
Article 15s (Charges/Dates/Punishment): 050823/Failed to go at the time prescribed to his appointed place of duty X 4, on or about (050106, 050301, 050413, and 050502), making a false official statement to a (CPT) X 3, on or about (050712, 050713, and 050720), and making a false official statement to another Soldier (SPC) X 2, on or about (050413 and 050513)/(Field Grade).
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
DOB: 780103
Current ENL Date: 040223 Current ENL Term: 03 Years ?????
Current ENL Service: 01 Yrs, 07Mos, 05Days ?????
Total Service: 08 Yrs, 05Mos, 14Days (The applicant's DD Form 214 incorrectly shows total service as 08 yrs, 01 mos, 07 days, should be 08 yrs, 05 mos, 14 days)
Previous Discharges: ARNG-970414-970820/NA
ADT-970821-980122/UNC
ARNG-980123-000401/GD
USARCG-000402-040222/NA
Highest Grade: E4
Performance Ratings Available: Yes No
MOS: 91W10 (Health Care Specialist) GT: 111 EDU: 13 Years Overseas: None Combat: None
Decorations/Awards: AAM, NDSM, ASR, Expert Field Medical Badge, Air Assault Badge, GWOTSM
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 15 September 2005, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconductpattern of misconduct (repeatedly failed to report to his place of duty and making numerous false statements to his chain of command, both offenses relating to his inability to manage his time and personal responsibilities), with a general, under honorable conditions discharge. He was advised of his rights. The applicant's election of rights regarding his consultation with legal counsel are not part of the available record and the analyst presumed Government Regularity in the discharge process. 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 applicants military records, the discharge is improper. The analyst noted that the unit commander used Board Procedures when notifying the applicant that he was initiating action to separate him under the provisions of Chapter 14, AR 635-200, by reason of misconduct. By using Board Procedures the authority for approval of the applicants separation rested with the General Court-Martial Convening Authority. The evidence of record shows that someone other than the General Court-Martial Convening Authority approved the applicants discharge. In view of the foregoing, the discharge was improper. Accordingly, 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 is recommended to the Board. This action does not entail a change to the reentry eligibility (RE) code; however, the Board can consider it.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 20 September 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 0 - 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 and is improper. 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: 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:
CHRISTINE U. MARTINSON DATE: 26 September 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20060011686
Applicant Name: Mr.
______________________________________________________________________
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