Application Receipt Date: 060822	

Prior Review    Prior Review Date: None

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

Issues: See applicant's attached DD Form 293 and letters of support.

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: 041208
Discharge Received:     Date: 050121   
Chapter: 14    AR: 635-200
Reason: Misconduct
RE:     SPD: JKA
Unit/Location: D Company, Support Battalion, 1st Special Warfare Training Group (Airborne), Fort Bragg, NC 28310 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 041117/Drinking under the age of 21 on or about (041115), dereliction in the performance of duties by not submitting a DA Form 31 to travel outside a 100 miles of his duty station (Fort Bragg) on or about (041015), failure to go at the time prescribed to his appointed place of duty on or about (041015), and wrongfully and recklessly engaged in conduct by trying to evade the police at a speed of 100 mph and crashing into a guard rail, conduct that could likely cause death or serious bodily harm to himself, his passenger and someone else on or about (041015)/(Field Grade) 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  850502  
Current ENL Date: 031231    Current ENL Term: 05 Years  ?????
Current ENL Service: 01 Yrs, 00Mos, 21Days ?????
Total Service:  02 Yrs, 00Mos, 01Days ?????
Previous Discharges: USAR-030121-031230/NA
Highest Grade: E3
Performance Ratings Available: Yes    No 
MOS: 11B1P (Infantryman)   GT: NIF   EDU: NIF   Overseas: None   Combat: None
Decorations/Awards: NDSM, GWOTSM, ASR, Parachutist Badge
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: Applicant states that he serves in the Army Reserves with HSC 11th Psychological Operation Battalion, and recently completed the required training for award of MOS 37F (Psychological Operation Specialist).  Records show that that applicant was released from the USAR Control Group (Reinf) effective (060314) and assigned to the 11th Psychological Operation Battalion.

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 8 December 2004, 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 (numerous acts of misconduct that resulted in him receiving of a Field Grade Article 15), 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.  The separation authority directed that the applicant be discharged with a characterization of service of general, under honorable conditions and transferred to the Individual Ready Reserve.
      
      The applicant has a Emporia Police Department Report dated 15 October 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 applicant’s military records, documents, and the issue he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  Even though a single incident, the analyst determined that the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army.  The applicable Army Regulation states that there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization.  Having examined all the circumstances, the analyst determined that the applicant's single incident of misconduct did indeed adversely affect the quality of service, bringing discredit on the Army.  This single incident of misconduct clearly diminished the quality of the applicant's service below that meriting a fully honorable discharge.  The analyst noted the applicant’s issue, however, said issue was not sufficiently mitigating to warrant an upgrade of the characterization of service.  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.  Furthermore, if the applicant desires to reenlist, he should contact the local recruiter to determine his eligibility to reenlist.  Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes.  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: 29 August 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 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 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: 


CHRISTINE U. MARTINSON			DATE: 20 September 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060012029

Applicant Name:  Mr.        
______________________________________________________________________


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