Application Receipt Date: 2006/10/06	

Prior Review    Prior Review Date: None

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

Issues: See attached DD 293.  

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: 2006/03/31
Discharge Received:     Date: 2006/04/19   
Chapter: 14 Paragraph 14-12b    AR: 635-200
Reason: Pattern of Misconduct
RE:     SPD: JKA
Unit/Location: Headquarters, 2nd Field Artillery Detachment Fort Campbell, Kentucky 42223 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 06/04/03, Failed to obey a lawful order issued by a CW3 not to consume alcohol on or about 19 Feb 06 near Fort Campbell Kentucky (Field Grade).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  82/07/02  
Current ENL Date: 05/10/09    Current ENL Term: NIF Years  ?????
Current ENL Service: 00 Yrs, 06Mos, 11Days ?????
Total Service:  04 Yrs, 09Mos, 18Days ?????
Previous Discharges: RA 01/07/02 - 05/10/08 HD 
Highest Grade: E-4
Performance Ratings Available: Yes    No 
MOS: 13F10 Fire Support Specialist    GT: 102   EDU: GED Cert   Overseas: 01/11/00   Combat: Iraq (20030227 - 20040128); Iraq (20050104 - 20060101)
Decorations/Awards: BSM, ACM, AAM, NDSM, GWOTEM, GWOTSM, CAB, AAB, ICM
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 29 March 2006, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l4, AR 635-200, by reason of misconduct—pattern of misconduct, with a general under honorable conditions discharge.  Specific reasons for this action are as follows:  on 2 Jan 2006, you were apprehended by the military police for driving under the influence of alcohol on post while your driving privileges were revoked; appeared in U.S. District Court and was convicted of the same; on 4 Jan 2006, you were counseled on your  driving privileges being suspended and was given an administrative order to not leave the Fort Campbell Installation, not to drive, and not to be in the family housing area; on 19 Feb 2006, SPC Rednour was arrested for the second time for being involved in an altercation in the family housing area, public intoxication and possession of a controlled substance, cocaine; on  29 Mar 2006, the unit commander also initated Field Grade Article 15 proceedings for disobeying a lawful order by a superior commissioned officer.  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.  On 11 April 2006, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of geneal under honorable conditions discharge.

      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.  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 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: 15 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 ?????    No change 5   - Character
		 			      Change ?????    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: Earl Silver, 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: 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: 16 November 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060014166

Applicant Name:  Mr.    
______________________________________________________________________


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