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. Soldiers 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 applicants 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 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 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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