Application Receipt Date: 060913	

Prior Review    Prior Review Date: None

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

Issues: See applicant's 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: 050616
Discharge Received:     Date: 050901   
Chapter: 14    AR: 635-200
Reason: Misconduct-Pattern Of Misconduct
RE:     SPD: JKA
Unit/Location: 369th Transportation Company, 87th Corps Support Battalion, Division Support Brigade, 3rd Infantry Division, Camp Taji, Iraq APO AE 09378 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 050607-Without authority, go from his appointed place of duty, (050517), disrespectful in language toward a SGT, (050517), (Field Grade).

040916-Disrespectful in language toward a SGT x 5, (040803), (040803), (040803), (040803), (040803), and having received a lawful order from a SGT, willfully disobeyed the same, (040803), (Field Grade).

031226-Having received a lawful order from a SSG, willfully disobeyed the same, (031211), and disrespectful in language toward a SSG, (031211), (Summarized).

030629-Disrespectful in language toward a SGT x 2, (030616), (030616), having knowledge of a lawful order issued by a SGT, failed to obey the same, (030616), having knowledge of a lawful order issued by a SSG, failed to obey the same, (030616), and disorderly, which conduct was of a nature to bring discredit upon the armed forces, 030616), (Company Grade).   

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  791008  
Current ENL Date: 001114    Current ENL Term: 4 Years  ?????
Current ENL Service: 04  Yrs, 09 Mos, 18 Days ?????
Total Service:  04  Yrs, 09 Mos, 18 Days ?????
Previous Discharges: None
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 88M10 Motor Transport Operator   GT: 110   EDU: HS Grad   Overseas: SouthWest Asia   Combat: Iraq (030321-040112 and (050118-050825)
Decorations/Awards: AAM, AGCM, NDSM, GWOTEM (2), ICM, GWOTSM, ASR, CAB, PUC
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: The applicant submitted documentation which shows he was enrolled at ECPI College of Technology in the IT/Network Security Program.  Documentation further shows that he made the honor roll with a cumulative grade point average of 4.00.

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The evidence of record shows that 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 (he was disrespectful in language and deportment toward noncommissioned officers, failed to obey lawful orders, and failed to to be at his appointed place of duty on numerous occasions), with an under other than honorable conditions discharge.  He was advised of his rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, requested consideration of his case by an administrative separation board, 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.  On 13 June 2005, the applicant again consulted with legal counsel and voluntarily waived consideration of his case by an administrative separation board contingent upon him receiving a characterization of service no less favorable than a general, under honorable conditions discharge.  On 16 June 2005, the applicant's chain of command recommended that the request for a conditional waiver of the administrative separation board be disapproved, and that the applicant be discharged with a characterization of service of under other than honorable conditions.  On 25 July 2005, the board met, and the applicant appeared with counsel.  The board recommended that the applicant be separated from the service with a general, under honorable conditions discharge.  On 7 August 2005, the separation authority approved the findings and recommendation of the board, 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 issue and documents 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.  Furthermore, the analyst noted the applicant's issues, however, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  Additionally, eligibility for veteran's benefits to include educational benefits under the Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.  Therefore, 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: 24 October 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 0    No change 5   - 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 not to change it.





















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: 


CHRISTINE U. MARTINSON			DATE: 2 November 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060013026

Applicant Name:  Mr.        
______________________________________________________________________


Page 5 of 6 pages