Application Receipt Date: 061012	

Prior Review    Prior Review Date: None

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

Issues: See applicant's DD Form 293 and attached douments.

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: 010720
Discharge Received:     Date: 010816   
Chapter: 14    AR: 635-200
Reason: Misconduct
RE:     SPD: JKA
Unit/Location: Headquarters & A Company, 710th Main Support Battalion, 10th Mountain Division, Fort Drum, NY 13602 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 010516-Having knowledge of a lawful order issued by a General Officer, failed to obey the same x 2, (010406), and (010424), (Company Grade).

001019-Having received a lawful order from a 1SG x 2, willfully disobeyed the same, (001014) and (001014), (Summarized).   

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  800312  
Current ENL Date: 000104    Current ENL Term: 3 Years  ?????
Current ENL Service: 01 Yrs, 07 Mos, 13 Days ?????
Total Service:  01  Yrs, 07 Mos, 13 Days ?????
Previous Discharges: None
Highest Grade: E3
Performance Ratings Available: Yes    No 
MOS: 77F10 Petroleum Supply Spec   GT: 98   EDU: GED Cert   Overseas: None   Combat: None
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 20 July 2001, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—pattern of misconduct (failed to obey a lawful order by visiting a PV2 between the prohibited hours of 0001 and 1659; 6 April 2001, failed to obey a lawful order by having a snake in his room, and failed to comply with health and safety standards; 24 April 2004, he received a Company Grade Article 15 on 16 May 2001; counseled for his lack of motivation and for falling asleep during his missions at the Joint Readiness Training Center, 8 May 2001; counseled for having a dead snake in his room and having his room in total disarray, 2 May 2001; counseled for visiting a PV2 between the prohibited hours of 0001 and 1659; 6 April 2001, counseled for disrespect to and disobeying a noncommissioned officer; 11 December 2000, counseled for failing to obey a lawful order from a noncommissioned officer; 29 November 2000, and counseled for disrespect to a noncommissioned officer; 15 September 2000), 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, waived consideration of his case by an administrative separation board, 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.  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 during the period od enlistment unde review, the issue and documents he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge, and therfore recommends to the Board that relief be denied in this case.  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. 
      
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 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: Mr. Kenneth McFarley, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: None
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: 26 November 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060014550

Applicant Name:  Mr.        
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