Application Receipt Date: 060915	

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: NIF
Discharge Received:     Date: 060817   
Chapter: 14    AR: 635-200
Reason: Pattern Of Misconduct
RE:     SPD: JKA
Unit/Location: A Company, 82nd Paratrooper Support Battalion, Fort Bragg, NC 28310 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 051001-Disrespectful in language toward a SGT x 5, (050331), (050401), (050401), (050525), and (050601), failed to obey a lawful general order, (050521), and assault x 2, (050608) and (050920), (Field Grade).

040812-Without authority, failed to go to his place of duty, (040803), disrespectful in language toward a SGT, (040324), having received a lawful order from a SGT, willfully disobeyed the same x 2, (040324), and (040329), failed to obey a lawful general order x 3, (040630), (040724), and (040726), and physically control a passenger car in a reckless manner by speeding, 86 miles per hour in a 35 miles per hour zone, and driving without a license, (040724), (Field Grade).   

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  840427  
Current ENL Date: 030415    Current ENL Term: 4 Years  ?????
Current ENL Service: 03  Yrs, 04 Mos, 03 Days ?????
Total Service:  03  Yrs, 04 Mos, 03 Days ?????
Previous Discharges: None
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 42F1P HR Information System Management Spec   GT: 128   EDU: HS Grad   Overseas: SouthWest Asia   Combat: Afghanistan (050501-050602)
Decorations/Awards: AAM, NDSM, ACM, GWOTSM, HSM, ASR, C/Ach (4), GAFPBB
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 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 (violations of the UCMJ), 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 submitted a statement in his own behalf.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  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 analyst noted that the applicant suffered from chronic ankle pain and been referred to a Medical Evaluation Board and a Physical Evaluation Board at the time of the initiation of his administrative separation from the service.
      
      
      
      
      
        

      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, 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 analyst determined that 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: 6 August 2007              
Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: yes (redacted)

Witnesses/Observers: No 

Exhibits Submitted: The applicant submitted 6 additional documents in support of his personal appearance hearing.




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 2    No change 3   - 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, hearing his testimony, and considering the analyst’s recommendation and rationale, the Board determined that the discharge was both proper and equitable, voted to deny relief.  



















 

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

Case Number AR20060013210

Applicant Name:  Mr.        
______________________________________________________________________


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