Application Receipt Date: 060922
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 with 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: 021210
Discharge Received: Date: 030110
Chapter: 14-12b AR: 635-200
Reason: Misconduct
RE: SPD: JKA
Unit/Location: 15th Transportation Detachment APO AE
Time Lost: None
Article 15s (Charges/Dates/Punishment): 020807, failed to go to his appointed place of duty (020716), DA Form 2627 (continuation sheet) is not in the available record, reduced to E-3 (suspended), forfeiture of $373, and 14 days extra duty and restriction (CG).
021107, physically control a vehicle while drunk (020907), reduction to E-1, forfeiture of $552 x 2 (one month suspended), 45 days restriction and extra duty (FG).
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
DOB: 800702
Current ENL Date: 010426 Current ENL Term: 4 Years
Current ENL Service: 1 Yrs, 8Mos, 14Days
Total Service: 4 Yrs, 1Mos, 24Days
Previous Discharges: RA 981116-010425/HD
Highest Grade: E-4
Performance Ratings Available: Yes No
MOS: 63B10 LT WVEH MECH GT: 95 EDU: HS Grad Overseas: Germany Combat: NONE
Decorations/Awards: NDSM;ASR
V. Post-Discharge Activity
Home of Record: Los Angeles, CA
Current Address: 7204 E Volante Avenue
Mesa AZ 85212
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 10 December 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-pattern of misconduct for failing to go at the time prescribed to his appointed place of duty, and driving while intoxicated, 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. On 13 December 2002, the intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general discharge. On 18 December 2002, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions.
The analyst noted that the applicant had a General Officer Memorandum of reprimand for driving under the influence of alcohol dated 12 September 2002, in his file.
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. Furthe more, the analyst noted the applicants issue; however if the applicant desires to reenlist, he should contact the local recruiter to detemine 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 reenty eligibility (RE) codes. 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: 071212
Location: Washington, DC
Did the Applicant Testify? Yes No
Counsel: NA
Witnesses/Observers: NA
Exhibits Submitted: NA
VIII. Board Decision
The discharge was: Proper X Improper
Equitable X Inequitable
The characterization of service was: Proper X Improper
Equitable X Inequitable
The narrative reasons were: Equitable X Inequitable
DRB voting record: Change No change 5 - Character
Change No change 5 - Reason
(Board member names available upon request)
IX. Board Discussion, Determination, and Recommendation
Case report reviewed and verified by: Timon M. Oujiri, Examiner
X. Board Action Directed
No Change X
Issue a new DD Form 214
Change Characterization to:
Change Reason to:
Other:
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:
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
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