Application Receipt Date: 060927	

Prior Review    Prior Review Date: None

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

Issues: Applicant requests that the Board review the inconsistencies with his discharge.  He discusses an incident that occurred after his final out-processing, while he was imprisoned for writing bad checks.  See DD Form 293 for additional information.

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: 980918
Discharge Received:     Date: 980930   
Chapter: 14-12b    AR: 635-200
Reason: Misconduct
RE:     SPD: JKA
Unit/Location: B Battery, 1-30th FA Regiment, Fort Sill, OK 

Time Lost: None listed on DD214; however, the Commander mentioned that the applicant was AWOL (no dates given) in his notification memorandum.

Article 15s (Charges/Dates/Punishment): 980915, failure to report (13 August 1998),  the continuation sheet was not in the available file, $467 x 2, 45 days restriction and extra duty (FG).

980728, failure to report (16 June 1998), the continuation sheet was not in the available file, reduction to E-1 (suspended), $218 (suspended), 14 days restriction and extra duty (CG).

The suspension of punishment imposed on 28 July 1998 was vacated on 5 August 1998 for failure to report.  

980601, failure to report (980429, 980430, and 980504), 14 days restriction and extra duty (Summarized).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  770806  
Current ENL Date: 970605    Current ENL Term: 3 Years  ?????
Current ENL Service: 1 Yrs, 3Mos, 26Days ?????
Total Service:  1 Yrs, 3Mos, 26Days ?????
Previous Discharges: None
Highest Grade: E2
Performance Ratings Available: Yes    No 
MOS: 63B10 (Light Wheel Veh Mech)   GT: 101   EDU: GED   Overseas: No   Combat: No
Decorations/Awards: ASR
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 on 18 September 1998, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l4, AR 635-200, by reason of misconduct for receiving a Summarized Art 15, a Company Grade Art 15, a Field Grade Art 15, being involved in a traffic accident on 2 May 1998, for receiving an arrest warrant for failure to pay a traffic ticket, and for several counseling statements, with a general 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 discharge.  On 24 September 1998, the separation authority 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, and the issue 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.  Therefore, the analyst determined that the reason for discharge and the characterization of service 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: 28 November 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 to deny relief.  


Case report reviewed and verified by: Esmeralda Proctor, 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: ?????

XI.  Certification Signature and Date
Approval Authority: 

MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board



Official: 


CHRISTINE U. MARTINSON			DATE: 28 November 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060013857

Applicant Name:  Mr.        
______________________________________________________________________


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