Application Receipt Date: 061219	

Prior Review    Prior Review Date: None

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

Issues: See DD Form 293 with ten (10) attachments.

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: 021007
Discharge Received:     Date: 030213   
Chapter: 14    AR: 635-200
Reason: Misconduct
RE:     SPD: JKQ
Unit/Location: HQ & HQ Service Battery, 2nd Battalion, 15th Field Artillery, 10th Mountain Division (Light Infantry), Fort Drum, NY  13602 

Time Lost: AWOL, for a total of ten (10) days from (020713-020723).  The applicant returned to his unit.

Article 15s (Charges/Dates/Punishment): 011203, Failed to go to his appointed place of duty (011027), (continuation sheet-NIF), (Field Grade) 

The suspension of the punishment of reduction to Private (E-1), forfeiture of $521.00 pay per month for 2 months imposed on (011203) was vacated, effective (020412) based on the applicant's offense of failing to go to his appointed place of duty (020221)

2nd Article 15, 020321, Wrongfully and without authority wear upon his uniform the EIB award, on divers occasions between (000801-020305), Wrongfully and without authority wear upon his uniform Airborne wings, on divers occasions between (000801-020305), Wrongfully and without authority wear upon his uniform the Scuba Badge, on divers occasions between (000801-020305), with intent to deceive made an official statement to a 1SG, which was false (020304), and a SFC (020304), (Field Grade) 

3rd Article 15, Failed to go to his appointed place of duty x 6, (020221), (020221), (020221), (020207), (020207) and (020207), (Company Grade) 

020219, General Officer Letter of Reprimand-for being apprehended by the civilian authorities, while driving under the influence of alcohol (Administrative) 

Court-Martials (Charges/Dates/Punishment): 020920, Summary Court-Martial, for absent without leave (020713-020723), disobeying a lawful order from a LTC x 2, (020607) and (020608).  The applicant was sentenced to confinement for 30 days.  

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  710505  
Current ENL Date: 000331    Current ENL Term: 3 Years  ?????
Current ENL Service: 2 Yrs, 10 Mos, 3 Days The applicant's net active service item 12c this period is incorrect, should be: 2 Years, 10 Months and 3 Days, the applicant has a period of AWOL, that is not shown on his DD Form 214, item 29 (Time Lost).  
Total Service:  2 Yrs, 10 Mos, 3 Days ?????
Previous Discharges: None
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 13F10 Fire Support Specialist   GT: 118   EDU: GED Certif   Overseas: Sinai, Egypt   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 3 October 2002, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—commission of a serious offense (you wrongfully drove while under the influence, broke restriction, made a false official statement to your 1SG, failed to be at your appointed place of duty several times, failed to pay spousal support, disobeyed a noncommissioned officer several times, wrongfully used your Government Credit Card for personal use, and court-martialed for disobeying a commissioned officer and going absent without leave), with an under other than honorable conditions discharge.  He was advised of his rights.  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 contingent upon him receiving a characterization of service no less favorable than a general, under honorable conditions discharge and submitted 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 14 November 2002, the separation approving authority disapproved the applicant's conditional waiver and referred his case to an administrative separation board.  On 5 February 2003, the applicant again consulted with legal counsel and voluntarily waived consideration of his case by an administrative separation board and submitted a statement in his own behalf.  On 7 November 2003, the separation authority approved the unconditional waiver and further rehabilitative efforts, and directed that the applicant be discharged with an under other than honorable conditions discharge.  The applicant was to be reduced to the lowest enlisted rank.  
      
      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, supporting documents, 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 or general 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, eligibility for veteran's benefits to include educational benefits under the Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.  In view of the foregoing, 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: 1 August 2007              
Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: N/A

Witnesses/Observers: N/A 

Exhibits Submitted: N/A

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, voted to deny relief.  

Case report reviewed and verified by: Mr. Ron Williams, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: N/A
Other: N/A
RE Code:  
Grade Restoration:   No   Yes  Grade: N/A

XI.  Certification Signature and Date
Approval Authority: 

MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


MARY E. SHAW				DATE: 17 August 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060017303

Applicant Name:  Mr.      
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