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.
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: NIF
Discharge Received: Date: 040211
Chapter: 14 AR: 635-200
Reason: Misconduct
RE: SPD: JKQ
Unit/Location: B Company, 3d Battalion, 7th Infantry, 1st Brigade, 3d Infantry Division (Mechanized), Fort Stewart, GA 31314
Time Lost: None
Article 15s (Charges/Dates/Punishment): 031008/While being on duty as a sentinel, was found sleeping on his post X 4, on or about (030517, 030624, 030701, and 030717)/(Company Grade).
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
DOB: 850129
Current ENL Date: 020412 Current ENL Term: 03 Years ?????
Current ENL Service: 01 Yrs, 10Mos, 00Days ?????
Total Service: 01 Yrs, 10Mos, 00Days ?????
Previous Discharges: None
Highest Grade: E1
Performance Ratings Available: Yes No
MOS: 11B10 (Infantryman) GT: 90 EDU: GED Overseas: Southwest Asia Combat: Iraq (030120-030808)
Decorations/Awards: ARCOM (w/Combat Valor Device "V"), NDSM, ASR, CIB
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 the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconductcommission of a serious offense (disrespected and disobeyed noncommissioned officers on numerous occasions, assaulted a fellow Soldier, communicated a threat, and FTR), 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 a general, under honorable conditions discharge. On 26 January 2004, 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 applicants military records, and the issue he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The applicants 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 applicants 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 reason for discharge and the characterization of service remains 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 1 No change 4 - 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 AR20060014497
Applicant Name: Mr.
______________________________________________________________________
Page 4 of 4 pages
ARMY | DRB | CY2009 | AR20090017551
Applicant Name: ????? Yes No Counsel: Yes Witnesses/Observers: NA Exhibits Submitted: The applicant submitted a document with two issues (3 pages) his Enlisted Record Brief, and his DD Form 214. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: NA RE Code: Grade Restoration: No Yes Grade: NA ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number...
ARMY | DRB | CY2006 | AR20060006365
The applicant consulted with legal counsel, was advised of the impact of the discharge action, and did submit a statement in his own behalf. 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: MARY E. SHAW DATE: 070308 Lieutenant Colonel, U.S....
ARMY | DRB | CY2007 | AR20070017587
Facts and Circumstances: The evidence of record shows that on 4 August 2005, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconductfor wrongful use of cocaine on several occasions, with a under other than honorable conditions discharge. On 30 June 2005, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of...
ARMY | DRB | CY2006 | AR20060015482
Facts and Circumstances: Evidence of record shows that on 20 January 2006, 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 (disrespected a noncommissioned officer X 3, on or about (040416, 050128, 050503); disrespected and disobeyed a noncommissioned officer on or about (050128); left her place of duty, and disobeyed a noncommissioned officer on or about (051011)), with...
AF | DRB | CY2007 | AR20070000708
Facts and Circumstances: Evidence of record shows that on 30 June 2005, the Commander, United States Army Europe and Seventh Army, APO AE 09014, notified the applicant of initiation of elimination proceedings under the provisions of Chapter 4, AR 600-8-24, by reason of misconduct, moral or professional dereliction (acts of personal misconduct as substantiated by an Article 15 dated 13 October 2004 and a General Officer Memorandum of Reprimand). On 4 May 2006, the applicant voluntarily...
ARMY | DRB | CY2006 | AR20060011746
Original Character of Discharge Unit CDR Recommended Discharge: Date: 930406 Discharge Received: Date: 930506 Chapter: 10 AR: 635-200 Reason: For the Good of the Service, In Lieu of Court-Martial RE: SPD: KFS Unit/Location: 13th United States Army Field Artillery Detachment, APO NY 09354 Time Lost: Absent without leave for a total of 1,047 days (900420-930301). On 13 April 1993, the separation authority approved the discharge with an under other than honorable conditions discharge. ...
ARMY | DRB | CY2006 | AR20060010476
Application Receipt Date: 060728 Prior Review Prior Review Date: None I. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. On 17 December 2001, the separation authority directed that the applicant be discharged with a characterization of service of under other than honorable conditions.
ARMY | DRB | CY2006 | AR20060010474
The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. The Board determined that the applicant's overall length and quality of service, to include his combat service, mitigated the discrediting entries in his service record. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW...
ARMY | DRB | CY2006 | AR20060008920
The applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an administrative separation board or to appear before that board, and did not submit a statement in his own behalf. 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...
ARMY | DRB | CY2007 | AR20070000708aC071031
Facts and Circumstances: Evidence of record shows that on 30 June 2005, the Commander, United States Army Europe and Seventh Army, APO AE 09014, notified the applicant of initiation of elimination proceedings under the provisions of Chapter 4, AR 600-8-24, by reason of misconduct, moral or professional dereliction (acts of personal misconduct as substantiated by an Article 15 dated 13 October 2004 and a General Officer Memorandum of Reprimand). Board Decision The discharge was: Proper...