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ARMY | DRB | CY2006 | AR20060013467
Original file (AR20060013467.txt) Auto-classification: Denied
Application Receipt Date: 20060922	

Prior Review    Prior Review Date: None

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

Issues: “Misconduct” does not fairly reflect overall quality of service

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: 050301
Discharge Received:     Date: 050503   
Chapter: 14-12c    AR: 635-200
Reason: Misconduct
RE:     SPD: JKQ
Unit/Location: B Company, 1st Battalion, 1st Special Forces Group (Airborne), Unit 35123, APO AP 96376-5123 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 040831/DUI (040630), drunk and disorderly(040808), disrespect to sentinel (040808) (Field Grade) 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  710425  
Current ENL Date: 031030    Current ENL Term: 5 Years  DD214 para 12.a contains an erroneous enlistment date (19960527) for this period.  The correct date of enlistment for this period is 20031003.  Para 12.c should reflect a Total Prior Active Service of 8 years, 4 months, and 3 days.  Para 18 should reflect: Continuous Honorable Active Service as 881101-050503// Immediate Reenlistments this period are 010130-031029 and 031030-050503. 
Current ENL Service: 01  Yrs, 05 Mos, 03 Days ?????
Total Service:  9  Yrs, 10  Mos, 12  Days ?????
Previous Discharges: 
RA 881101-920529/ HD
920530-970812 / HD (USAR Control Gp)
980420-980831 / GD  (MI ARNG, para 8-27f, NGR 600-200, Unsat Perf)
RA 990119-010129 / HD
RA 010130-031029 / HD
RA 031030-050503 / HD
Highest Grade: E6
Performance Ratings Available: Yes    No 
MOS: 18B2G, SF Weapons Sergeant   GT: 113   EDU: BS Outdoor & Environmental Rec   Overseas: Hawaii (891202-920412), Japan (031210-050503)   Combat: None
Decorations/Awards: ASR / NDSM / GWOT / GCMDL x2/ OSR / HSM/ AAM, Airborne, AirAssault, Ranger, Special Forces Tabs
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:
      The evidence of record shows that on 1 Mar 05, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct-commission of a serious offense (driving under the influence (040630), disorderly conduct(040808), and disrespect to a sentinel (040808)) 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 an Honorable discharge.  On 30 Mar 05, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of  Honorable.  
      
      

      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 a change of the applicant's narrative reason for discharge or change of his Separation Code.  The evidence of record shows that the applicant received a Field Grade Article 15 for being drunk, disorderly, and disrespectful to a sentinel, and was discharged under the provisions of Chapter 14, AR 635-200, by reason of misconduct - commission of a serious offensewith an honorable characterization of service.  The analyst is satisfied that all requirements of law and regulation were met and that the rights of the applicant were fully protected throughout the separation process.  Therefore, the analyst determined the narrative reason for discharge and the separation code were both proper and equitable and recommends to the Board to deny relief. 

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 2007/10/26              
Location: Washington D.C.

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 to deny relief.

Case report reviewed and verified by: Edgar Yanger, 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: 2007/10/29
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060013467

Applicant Name:  Mr.        
______________________________________________________________________


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