Application Receipt Date: 061012	

Prior Review    Prior Review Date: None

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

Issues: Eligibility for upgrade after 6 months

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: 030709
Discharge Received:     Date: 030729   
Chapter: 14    AR: 635-200
Reason: Misconduct 
RE:     SPD: JKA
Unit/Location: 557th Medical Company, 421st Medical Evacuation Battalion APO AE 09096 

Time Lost: AWOL, for a total of 3 days  from (030409-030412), AWOL for 1 day, (030409), AWOL  for 1 day (030301), AWOL for 1 day (030228).  The applicant turned himself into his unit in Germany following each AWOL period. Confinement, 6 days from (030403-030408) as a result of Summary Court Martial.  Total time lost is 12 days.

Article 15s (Charges/Dates/Punishment): 030211, on or near Wiesbaden, Germany, on or about 15 November 2002, without authority, fail to go at the time prescribed to your appointed place of duty, to wit 0630 Pt formation. Reduction to E3,  forfeiture of $342.00 pay, suspended, to be automatically remitted if not vacated before 15 April 2003;extra duty for 14 days; restriction for 14 days.(Company Grade)

Vacation of suspension: 030303, in that you did at or near Wiesbaden, Germany, on or about 21 February 2002, without authority, failed to go at the time prescribed to your appointed place of duty, to wit:  0630 accountability formation.  Reduction to PFC; forfeiture of $342.00



Court-Martials (Charges/Dates/Punishment): 030403, Summary Court-Martial, Applicant pled guilty to the four charges brought against him. Specific Charged NIF.  He was sentenced to confinement for twenty days and forfeiture of $500 for one month and reduction to E1. Battalion Commander suspended 14 of the 20 days confinement  

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  761207  
Current ENL Date: 020319    Current ENL Term: 4 Years  ?????
Current ENL Service: 1 Yrs, 03Mos, 29Days ?????
Total Service:  8 Yrs, 2Mos, 23Days ?????
Previous Discharges: NG 000120-020318/HD
                                      USMCR 990424-020318/NA
                                      USMC 950424-990423/HD
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 92A10(Auto Log SP)   GT: 105   EDU: HS Grad   Overseas: Germany   Combat: None
Decorations/Awards: NDSM, SSDR-1
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 9 July 2003, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l4, AR 635-200, by reason of misconduct— being absent without leave 9 Apr 03, 1 Mar 03, 28 Feb 03: driving under the influence; failure to obey an order or regulation; failure to report on 8 Apr 03, 21 Feb 03 and 15 Nov 02, 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 18 July 2003, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general.

      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: Chuck Busick, 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: 30 November 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060014471

Applicant Name:  Mr.     
______________________________________________________________________


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