Application Receipt Date: 061012
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See applicant's attached DD Form 293 and supporting documents.
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: 050404
Discharge Received: Date: 050427
Chapter: 14 AR: 635-200
Reason: Misconduct
RE: SPD: JKA
Unit/Location: Support Squadron, 3d Armored Cavalry Regiment, Fort Carson, CO 80913
Time Lost: None
Article 15s (Charges/Dates/Punishment): No Article 15's were found in the available records, however, the unit commander's memorandum of recommendation makes reference to the applicant receiving a Field Grade Article 15.
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
DOB: 800508
Current ENL Date: NIF Current ENL Term: NIF Years ?????
Current ENL Service: 02 Yrs, 03Mos, 21Days ?????
Total Service: 02 Yrs, 03Mos, 21Days ?????
Previous Discharges: 030107
Highest Grade: E4
Performance Ratings Available: Yes No
MOS: 92G10 (Food Service Specialist) GT: 101 EDU: HS Grad Overseas: None Combat: None
Decorations/Awards: NDSM, GWOTSM, ASR
V. Post-Discharge Activity
Home of Record:
Current Address:
Post Service Accomplishments: The applicant states he is currently attending Georgia Military College.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
Evidence of record shows that on 4 April 2005, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconductpattern of misconduct (wrongful previous overindulgence in intoxicating liquor or drugs, incapacitated for the proper performance of his duties, having pending assault charges resulting from his detention; failing to obey a direct order or regulation; failing to report to his place of duty on several occasions; missing formation on several occasions; and failing to achieve a passing score of 180 points on every event on the Army Physical Fitness Training Test), with a general, under honorable conditions discharge. He was advised of his rights. The applicant waived 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, under honorable conditions discharge. On 8 April 2005, the separation authority directed that the applicant be discharged with a characterization of service of general, under honorable conditions.
The analyst noted on the DD Form 268 (Report to Suspend Favorable Personnel Actions (FLAG)) dated 15 February 2005, found in the applicant's record, shows in item 5 (ETS/ESA/MRD) that the applicant's ETS is 6 January 2007.
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 noted that the separation approving authority considered derogatory information from a prior period of honorable service in characterizing the applicants discharge. Consideration of such evidence is improper unless the applicant is granted a fully honorable characterization of service. In view of the foregoing, the analyst determined that the characterization of service was and is improper. Accordingly, the analyst recommends that relief be granted in the form of an upgrade of the characterization of service to fully honorable. However, the analyst determined that the reason for discharge was both proper and equitable.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 7 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 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: Eric S. Moore, 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: 20 November 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20060014495
Applicant Name: Mr.
______________________________________________________________________
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